Section by Section Summary of

The Comprehensive Immigration Reform Act of 2010

Senator Robert Menendez (D-NJ) and Senator Patrick Leahy (D-VT)

Section 1. Short Title; Table of Contents

This Act may be cited as the “Comprehensive Immigration Reform Act of 2010.”

Section 2. References to Immigration and Nationality Act

Except as otherwise expressly provided, whenever in this Act an amendment or repeal is
expressed in terms as an amendment to, or repeal of, a section or other provision, the reference
shall be considered to be made to a section or other provision of the Immigration and Nationality
Act.

Section 3. Definitions

Title I. Border Enforcement

Subtitle A. Additional Assets and Resources

Section 101. Effective Date Triggers

Lawful prospective immigrants may not adjust their status to permanent residence until the DHS
Secretary certifies that the following measures are established, funded, and operational:

(A) U.S. Immigration and Customs Enforcement (ICE) has a total force of 6,410 agents to
investigate violations of criminal law, including document and benefit fraud and the cross-
border smuggling of aliens, firearms, narcotics and other contraband.

(B) ICE has a total force of 185 worksite enforcement auditors to support a worksite enforcement
strategy that prioritizes developing cases against employers committing serious violations.

(C) ICE has created and staffed an Immigration Benefit and Document Fraud Task Force in each
field office headed by a Special Agent in Charge;

(D) U.S. Customs and Border Protection (CBP), Office of Border Patrol, has a total force of
21,000 U.S. Border Patrol agents hired, trained, and reporting for duty including increased

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numbers of personnel to conduct inspections for drugs, contraband and immigrants who are
unlawfully present at America’s ports of entry;

(E) The CBP Office of Field Operations has a total force of 21,500 officers hired, trained, and
reporting for duty;

(F) CBP has 7 Unmanned Aircraft Systems deployed and operational; Remote Video
Surveillance Systems (RVSS) deployed and operational at 300 sites; 200 scope trucks; and
56 Mobile Surveillance Systems (MSS);

(G) ICE has a nationwide plan in place with benchmarks to dramatically increase the enrollment
at a nationwide level of an alternatives to detention program utilizing community-based non-
profits organizations and DHS has implemented civil detention standards and requires
compliance at each facility detaining immigrants;

(H) The employment verification system created under Title III of this Act is fully operational
and mandatory for all employers;

(I) The Secretary of Homeland Security has received, and is processing and adjudicating in a
timely manner, applications under title 5 of this Act, including conducting all necessary
background and security checks required under that title; and;

(J) The Attorney General submits a written certification to the President and the Congress that
each of the following measures is established, funded, and operational:

(1) DOJ has 300 Assistant United States Attorneys in place who prosecute criminal
violations at the border; and

(2) DOJ has 275 Immigration Judges in place with appropriate support staff.

Section 102. Customs and Border Protection Personnel

This section provides for additional Customs and Border Protection (CBP) officers and personnel
in addition to the personnel increases included in the emergency supplemental appropriations for
border security passed in August of 2010. This bill allocates $40 million from the 2010 DHS
Appropriations Act to fund 250 new Custom and Border Protection officers and 25 support staff
at new ports of entry along the Southwest border. By 2013, DHS shall hire, train, and assign to
duty 2,500 CBP officers to serve at points of entry along the Northern border; 2,500 CBP
officers to serve at points of entry along the Southern border; and 350 support staff for all U.S.
ports of entry. This section requires DHS to write and submit to Congress a report on the
Department’s plan for placing CBP officers on outbound inspections at all Southern land ports of
entry. This section also authorizes the DHS Secretary to make $55 million in retention payments
to retain qualified CBP port of entry officers in the form of $5,000 to $10,000 payments. This
section further outlines the requirements for retention incentive payments. Employees who

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receive incentive payments cannot receive another until after completing at least two years of
service within the DHS.

Section 103. Secure Communication; Equipment; and Grants for Border Personnel
Each CBP officer shall receive a secure 2-way communication and satellite-enabled device. The
device must allow the officer to communicate between ports of entry and inspection stations and
with other federal, state, local, and tribal law enforcement. The DHS Secretary shall establish a
program to award grants for the purchase of mobile, hand-held communication devices and
detection equipment for CBP officers along the Southern Border.

Section 104. Infrastructure Improvements and Expansion of Land Ports of Entry

This section provides $300 million towards infrastructure improvements, expansion, and new
construction at high-volume ports of entry along the Northern and Southern borders regardless of
port ownership.

Section 105. Additional Authorities for Port of Entry Construction

This section permits the CBP Commissioner to design, construct, and modify land ports of entry
and other structures, to acquire land for the purposes of doing so, and to construct additional
ports of entry along the Northern and Southern borders. The DHS Secretary will consult with
the Secretary of the Interior, the Secretary of Agriculture, the Secretary of State, the International
Boundary and Water Commission, the International Joint Commission, and appropriate
representatives of States, local governments, Indian tribes, and property owners to determine the
new port of entry locations and to minimize adverse impacts of the ports on the environment,
historical and cultural resources, commerce, and residents’ quality of life.

Section 106. Additional Increases in Immigration Enforcement Personnel

This section increases the number of full-time active duty Immigration and Custom Enforcement
(ICE) immigration law violation investigators by 1,000 per fiscal year instead of by 800 for fiscal
years 2011 through 2012. This section authorizes at least 50 additional DHS personnel assigned
to investigate alien smuggling.

Section 107. Additional Immigration Court Personnel

This section increases the number of immigration litigation attorneys by 50 each year. Increases
the number of immigration judges by 20 a year and increases the number of support personnel by
80 per year for four years. This section increases the number of staff attorneys by 10 a year for
four years and support personnel for the staff attorneys by 10 positions a year for four years.

Section 108. Improved Training for Border and Immigration Enforcement Officers
This section ensures that CBP agents, Border Patrol agents, ICE agents, and Agricultural
Inspections stationed within 100 miles of all land and marine borders and at ports of entry will
receive appropriate training in 1) identifying and detecting fraudulent documents, 2) civil,
constitutional, and privacy rights of individuals, (3) limitations on the use of force, and 4)

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screening, identifying, and addressing vulnerable populations, such as children, crime victims,
human trafficking victims, and individuals fleeing persecution or torture.

Section 109. Standards of Professional Conduct

Under this section, the DHS Secretary will establish clear standards of professional conduct for
CBP agents, U.S. Border Patrol agents, ICE agents, and Agricultural Inspectors stationed within
1000 miles of all land and marine borders and at ports of entry. The DHS Secretary will
establish, within 90 days of enactment, clear standards for the agents’ professional conduct with
the public. DHS will develop and implement a plan that applies the above standards to officer
evaluations. The DHS Secretary will consult with the Office of Civil Rights and Civil Liberties
to establish a process for violation of professional conduct standards complaints against CBP
agents, U.S. Border Patrol agents, and Agricultural Inspectors. This section also includes
regulations for the complaint process to ensure the effective and efficient resolution of
complaints. The DHS Secretary will submit an annual report to Congress analyzing the
complaints received including the number of complaints, type, demographics of complainants,
results of investigations, disciplinary actions taken, and complaint patterns that could be
prevented by department changes.

Section 110. Inventory of Assets and Personnel

The DHS Secretary will identify and inventory DHS’s assets, current personnel, and human
resources devoted to border security and enforcement. The inventory will be submitted to the
Senate Judiciary Committee, House Judiciary Committee, Senate Homeland Security and
Governmental Affairs Committee, and House Homeland Security Committee.

Section 111. Customs Border Patrol and Border Protection Assets

This section outlines the types of equipment and protective gear that will be issued to CBP
agents. The DHS Secretary will issue high quality body armor, reliable and effective weapons,
and all necessary uniform items including outerwear, belts, holsters, and protective equipment to
every agent. If necessary, the DHS Secretary will increase the number of Border Patrol
helicopters and power boats. If necessary, the DHS Secretary will establish a fleet of motor
vehicles appropriate for Border Patrol use. This section also provides for panic buttons and
emergency GPS systems for all motor vehicles, portable computers for all Border Patrol police-
type motor vehicles, encrypted 2-way radio communication devices for law enforcement
working in Border Patrol operation areas, and portable night vision devices for Border Patrol
agents working during hours of darkness.

Section 112. Technological Assets

The DHS Secretary will procure additional unmanned aerial systems including related equipment
like sensors, critical spares, and satellite command and control. The Secretary will acquire
aircrafts, cameras, poles, ground sensors, and other necessary technologies to achieve control of
land and maritime borders. The DHS Secretary, in consultation with the Attorney General, will

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conduct a privacy impact assessment and civil liberties impact assessment before deploying the
above technologies. Funding will be appropriated for fiscal years 2011-2015.

Section 113. Surveillance Technologies Programs

This section details the requirements for DHS surveillance technology programs. The DHS
Secretary will continue to fully integrate and use necessary aerial surveillance technologies,
including unmanned aerial systems, to enhance the security of the U.S. borders. The section
outlines the criteria for assessing changes and improvements to surveillance technologies. The
Secretary shall use a variety of aerial surveillance technologies in a variety of topographies and
areas for a range of circumstances in order to evaluate the significance of previous experience
with such technologies for border security, the cost and effectiveness of various technologies for
border security, and the liability, safety, civil liberties, and privacy concerns related to the use of
such technologies. During the assessment process, current operation of aerial surveillance
technologies can continue and the DHS Secretary can still procure additional equipment and
technology to achieve effective control of the U.S. borders and to establish a “virtual fence”
security perimeter along the borders. In carrying out this section, the DHS Secretary will ensure
– to the extent possible – that (1) the technologies used are integrated and function cohesively in
an automated fashion; (2) the standard process is used to collect, catalog, and report intrusion
and response data collected; (3) future surveillance technology investments and upgrades can be
integrated with existing systems; (4) performance measures are developed that can evaluate the
program’s effectiveness in monitoring and detecting unauthorized intrusions along U.S. borders;
(5) plans consistent with U.S. environmental laws and regulations are developed to streamline
site selection, site validation, and environmental assessment processes to minimize delays in
infrastructure installation; (6) standards are developed to expand the shared use of existing
governmental and private structures for installing remotes surveillance technology infrastructure
where possible; (7) standards are developed to identify and deploy the use of nonpermanent or
mobile surveillance platforms to increase DHS’s ability to identify unauthorized border
crossings.

Subtitle B. Enhanced Coordination and Planning for Border Security

Section 121. Annual Report on Improving North American Security Information Exchange
This section requires the Secretary of State, in coordination with the DHS Secretary and other
appropriate federal agency heads, to submit an annual report to Congress on the status of
improvements to information exchange related to North American security. Each report will
address the following topics: (1) security clearances and document integrity including best
practices standards for issuing and maintaining travel documents; collaboration with Canada and
Mexico to combat smuggling, trafficking, and the use of fraudulent documents; and support for
other nations to ensure that they meet proper travel document standards; (2) immigration and
visa management with respect to progress on information-sharing regarding high-risk individuals
who may attempt to enter North America; (3) best practices for visa policy coordination between

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the countries and immigration security including enhanced consultation between consular
officials who issue visas, comparative analysis of U.S. and Canadian visitor visa processing
policies and procedures; (4) the North American visitor overstay program; (5) terrorist watch
lists; (6) money laundering, currency smuggling, and alien smuggling; and (7) law enforcement
cooperation

Section 122. Cooperation with the Government of Mexico

This section outlines steps for increased cooperation of the Secretary of State and federal, state,
and local law enforcement with Mexican officials about (1) increased cooperation regarding
border security and the reduction in violence and criminal activity; (2) informing Mexican
citizens and nationals of U.S. immigration laws; (3) encouraging return migration; and (4)
working with affected communities to foster greater understanding of migration issues. The
Secretary of State will submit a report to Congress on U.S. and Mexican actions regarding the
above issues.

Section 123. Enhanced International Cooperation

This section assigns Bureau of Alcohol, Tobacco, Firearms, and Explosives agents to the U.S.
Mission in Mexico to assist Mexican law enforcement investigating firearms trafficking and
other criminal enterprises. It provides equipment and technological resources necessary to
support investigations and trace firearms recovered in Mexico. This section also supports the
training of Mexican law enforcement officers in serial number restoration techniques, canine
explosive detection, and anti-trafficking tactics.

Section 124. Expansion of Commerce Security Programs

This section authorizes the CBP Commissioner to develop a plan to expand the Customs-Trade
Partnership Against Terrorism programs, including increased personnel along the Northern and
Southern border for the Business Anti-Smuggling Coalition, the Carrier Initiative Program, the
Americas Counter Smuggling Initiative, the Container Security Initiative, the Free and Secure
Trade Initiative, and other industry partnership programs. Additionally, the Commissioner will
implement at least one Customs-Trade Partnership Against Terrorism program along the
Southern border. This section also authorizes the Commissioner to establish a demonstration
program to develop a cooperative trade security system to improve supply chain security.

Section 125. Northern and Southern Border Drug Prosecution Initiative

The Attorney General will reimburse state and county prosecutors in states along the Northern
and Southern U.S. borders for prosecuting federally initiated and referred drug cases. Funding
will be appropriated to the DHS Secretary for fiscal years 2011-2015.

Section 126. Project Gunrunner Initiative

The Attorney General shall dedicate and expand the resources provided for the Project
Gunrunner initiative of the Bureau of Alcohol, Tobacco, Firearms, and Explosives to identify,
investigate, and prosecute individuals involved in the trafficking of firearms across the

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international border between the United States and Mexico. The Attorney General shall assign
additional ATF agents on the border, establish at least one Project Gunrunner team in each state,
and coordinate with federal, state and local law enforcement to address firearms trafficking in a
comprehensive manner. Authorizes $15 million in appropriations.

Section 127. Operation Streamline Prosecution Initiative

This section requires the submission of a report by the DHS Secretary, in consultation with the
Attorney General, and a reevaluation of the program’s future viability within 180 days of the
report’s submission. The report will include information about (1) the operational goals and
oversight mechanisms of the program; (2) the cost of seeking federal prosecution and jail time
for all unauthorized entrants prior to referral to immigration court removal proceedings; (3) the
cost of detentions, prosecutions, and incarcerations for all immigrant offenses under Operation
Streamline programs for the three years prior to this Act’s enactment; (4) the cost estimates for
federal resources necessary to implement Operation Streamline effectively in each Border Patrol
sector; (5) the impact of Operation Streamline programs on federal prosecutorial initiatives
focused on curbing border violence; (6) the impact of Operation Streamline programs on
discretionary prosecutorial decisions; (7) the number of federal prosecutions for drug trafficking,
human smuggling, white-collar, civil rights, environmental, and other criminal cases over the
three years prior to this Act’s enactment in areas using Operation Streamline initiatives; (8) the
length of imprisonment, names, convictions, and location of prisons used for those arrested under
Operation Streamline over the three years prior to this Act’s enactment; (9) the federal
convictions obtained under Operation Streamline including the number of non-violent
immigration offenses; (10) comparison of rates of federal prosecutions and convictions in
districts along the Southern border in relation to other districts nationwide; and (11) interviews
with criminal defense attorneys who have represented defendants charged under Operation
Streamline.

Section 128. Border Relief Grant Program

This section authorizes DHS grants to law enforcement agencies and institutes of higher
education that support law enforcement agencies for the purpose of addressing drug-related
criminal activity. Eligible agencies must be located in counties within 100 miles of either the
Northern or Southern U.S. border or in a jurisdiction designated as a High Intensity Drug
Trafficking Area by the Director of the Office of Drug Control Policy. Grants may be used to
combat criminal activity by maintaining equipment, hiring new personnel, and reimbursing
operational costs. The grants may also be used to: 1) facilitate information sharing and
collaboration; 2) to enhance jail, community corrections, and detention operations; and 3) to
provide training and technical assistance on topics such as narcotics-related kidnapping and
rescue tactics, intelligence sharing on drug trafficking organizations, and the interdiction of
narcotics, weapons, and illegal drug proceeds. The Attorney General will submit to Congress a
bi-annual report assessing the success of the grant program in combating drug-trafficking and

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drug-related criminal activity, the cost-effectiveness of the program, and future value of the
program.

Section 129. Report on Deaths and Strategy Study

The CBP Commissioner will collect statistics relating to deaths at the U.S.-Mexico border,
including information on the cause of deaths and the total number of deaths, and will publish the
statistics on a quarterly basis. The Commissioner will submit a report analyzing trends with
respect to the statistics and offer recommendations to prevent and reduce the deaths described in
the report. The DHS Secretary will conduct a study on Southwest Border Enforcement
operations since 1994 and the relationship to death rates on the U.S.-Mexico border. The study
will include (1) an analysis of whether physical barriers, technology, and enforcement programs
contributed to migrant deaths along the border; (2) an analysis of the effectiveness of
geographical terrain as a natural barrier for entry into the U.S. and its role in contributing to
migrant deaths; (3) a consultation with community stakeholders involved in recovering and
identifying migrant deaths; and (4) an assessment of existing protocols related to reporting,
tracking, and inter-agency communications between CBP and local first responders and consular
services.

Section 130. Immigration and United States-Mexico Border Enforcement Commission

This section establishes a new independent commission – the Immigration and United States-
Mexico Border Enforcement Commission. The commission will study overall enforcement
strategies and policies along the U.S.-Mexico Border; strengthen relations between communities
in the region and DHS; ensure that federal agency programs and policies protect due process,
civil rights, and human rights of individuals near the border; and make recommendations to the
President and Congress regarding those programs, strategies, and policies. The commission will
be composed of 18 members, including the governors of California, Arizona, New Mexico, and
Texas. This section outlines membership requirements and regulations, the commission’s duties,
and its powers. The commission is authorized to hold hearings, subpoena testimony, and make
recommendations to DHS regarding the disposition of cases of discipline of personnel.

Section 131. Preemption

This section clarifies existing law that federal powers over immigration preempt any State or
local law that discriminates among persons on the basis of immigration status or imposes any
sanction or liability. Any State or local law that discriminates among persons on the basis of
immigration status or imposes a sanction on a person based on: 1) immigration status, 2) the
status of his or her clients or employees or 3) other alleged violations of immigration law is
preempted by federal law.

Section 132. Inherent Authority

This section clarifies existing law. Although the current language of section 287(g)(10) does not
authorize states to engage in any immigration enforcement activities, some state and local

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legislators have misunderstood it as doing so. This revision clarifies the limitations on state and
local authority in this area.

Section 133. Border Protection Strategy

This section provides for collaborative efforts between the DHS Secretary, Secretary of the
Interior, Secretary of Agriculture, the Secretary of Defense, and the Secretary of Commerce to
develop and submit to Congress a border protection strategy for U.S. international land borders.
The report will include a comparative analysis of the levels of operational control achievable
through alternative tactical infrastructure and other security measures (e.g. fencing, additional
agents, vehicle barriers, remote sensing, and cooperation with Mexican and Canadian law
enforcement); a comprehensive analysis of the costs, other impacts, and the costs of mitigating
any adverse impacts; a comprehensive compilation of the fiscal investments to manage public
and private lands and waters near the border that have been acquired or managed for
conservation purposes; and recommendations for strategic border security management based on
the above analyses. Additionally, this section provides for natural resource protection training
for CBP agents and certain other federal personnel assigned along a U.S. land border.

Section 134. Border Communities Liaison Office

This section establishes Border Community Liaison Offices at every Border Patrol sector at the
Southern and Northern U.S. borders. These offices will consult with border communities on
agency policies, strategies, and services. They will receive assessments on agency performance
from border communities and receive complaints about agency performance and agent conduct.

Section 135. Authorization of Appropriations

Title II: Interior Enforcement

Subtitle A: Prevention of Unauthorized Entries and Removal

Chapter 1. Strengthening the Visa Waiver Program to Secure America and Enforcing
Entry and Exit Requirements
This Chapter includes Sen. Feinstein’s bill - “the Strengthening the Visa Waiver Program to
Secure America Act.”

Section 201. Enforcement of Requirement to Report Lost or Stolen Passports.

Within 180 days after the date of the enactment, each Visa Waiver program country shall have in
effect an agreement with the United States as required by section 217(c)(2)(D) of the
Immigration and Nationality Act. If a program country does not effectuate the required
agreement, the Secretary, in consultation with the Secretary of State, shall immediately suspend

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the program country's participation in the visa waiver program and participation shall not be
restored until the country is in compliance with the requirements.

Section 202. Enforcement of Requirement for Periodic Evaluations of Program Countries

This section would require that, as of the date of enactment, a reevaluation of all visa waiver
programs must be completed within 1 year with a report on the results of the reevaluation to the
appropriate committees. This section excludes the 8 countries just evaluated and added to the
program. The reevaluation must include review of the current number of overstays in the United
States for each country. Therefore, any country that has more than 2% overstays (calculated
against the number of admissions in the prior fiscal year), shall be temporarily suspended until it
can demonstrate that the overstay rate has fallen below 2%.

Section 203. Arrival and Departure Verification

This section would require DHS to verify exit data with entry data and compare it to available
immigration and law enforcement records and databases prior to admitting any new countries to
the program. DHS would be required to use foreign national arrival data as a starting point and
review subsequent DHS records to determine whether these foreign nationals are still in the
country. This section mandates that the Administration will lose its waiver authority if it does
not track 97% of those exiting and departing within 6 months from the date of enactment.
Further, it requires the reporting of the overstay rates by nationality to Congress. This section
requires an audit of the data collected by the electronic travel system after 6 months. The audit
must include the number of individuals, by country, caught through the system, and an
explanation of any implementation problems encountered during the early stages to better
identify the high-risk travelers and their countries of origin.

Section 204. Visa Overstay Rates

This section would set the maximum overstay rate for the Visa Waiver Program at 2%, rather
than allow DHS and State to set a maximum overstay rate. The 2% rate is the same rate used to
determine if a country is still qualified to be part of the visa waiver program. In addition, the bill
specifies the databases DHS must use to collect data at ports of entry to develop an accurate visa
overstay rate. This section requires current visa waiver countries to share data in order to remain
in the visa waiver program and affirmatively requires DHS to place a visa waiver program
country on probation if the data sharing agreements are not signed within 3 months of
enactment.

Section 205. US-VISIT System

Within six months, the Secretary shall submit a schedule for equipment all ports of entry with
US-VISIT technology, developing and deploying the “exit” component of the technology and
making all screening mechanism interoperable. Within 18 months, the Secretary shall deploy a
system capable of recording the departure of nonimmigrants.

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Chapter 2. Preventing Unauthorized Entries and Ensuring Removal

Section 211. Illegal Entry and Reentry

This section amends INA Section 275(b) and INA Section 276. It increases the civil penalties
for illegal entry, and it clarifies and increases the fines and penalties regarding the reentry of
previously removed aliens. This section increases the penalty for an alien convicted of three
felonies before a previous removal or departure to 25 years of imprisonment. Affirmative
defenses to a violation of this section apply (1) if, prior to the alleged violation, the alien
received consent from the DHS Secretary to reapply for admission; (2) if an alien, who was
previously denied admission and removed, was not required to obtain advance consent and
complied with all other laws governing admission into the U.S.; (3) the prior removal order was
based on charges filed when the alien was under 18.

Section 212. Deterring Aliens Ordered Removed from Remaining in the United States
Unlawfully
This section clarifies the language of INA Section 212(a)(9) to enhance enforcement of this
provision.

Section 213. Biometric Screening

This section amends INA 212(a)(7) to add that aliens who do not comply with lawful biometric
information requests are inadmissible.

Section 214. Encouraging Aliens to Depart Voluntarily

This section revises the procedures for voluntary departure. An alien who chooses to depart
before the initiation of removal proceedings has at most 180 days to depart. An alien who
chooses to depart after the initiation of removal proceedings but before its completion will have
90 days to depart. This section imposes new conditions on voluntary departure agreements.
Voluntary departure under this section may only be granted as part of an affirmative agreement
by the alien. In connection with an agreement, the Secretary of Homeland Security may agree to
a reduction in the period of inadmissibility under subparagraphs (A) or (B)(i) of Section
212(a)(9). Agreements relating to voluntary departure granted during or at the conclusion of
removal proceedings shall be presented on the record before the immigration judge. The
immigration judge shall advise the alien of the consequences of a voluntary departure agreement
including the consequences of failing to comply with the agreement before accepting such
agreement.

If an alien agrees to voluntary departure under this section and fails to depart the United States
within the time allowed for voluntary departure or fails to comply with any other terms of the
agreement (including failure to timely post any required bond), unless the noncompliance is
through no fault of the alien, the alien is ineligible for the benefits of the agreement; subject to
the penalties described below; and subject to an alternate order of removal if voluntary departure
was granted under certain conditions. Except as expressly agreed to by the Secretary in writing in

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the exercise of the Secretary’s discretion before the expiration of the period allowed for
voluntary departure, no motion, appeal, application, petition, or petition for review shall affect,
reinstate, enjoin, delay, stay, or toll the alien’s obligation to depart from the United States during
the period agreed to by the alien and the Secretary.

If an alien is permitted to voluntarily depart under this section and fails to voluntarily depart
from the United States within the time period specified or otherwise violates the terms of a
voluntary departure agreement, the alien shall be liable for a civil penalty of $1,000. The order
allowing voluntary departure shall specify the amount of the penalty, which shall be
acknowledged by the alien on the record. If the Secretary thereafter establishes by clear and
convincing evidence that the alien failed to depart voluntarily within the time allowed, no further
procedure will be necessary to establish the amount of the penalty, and the Secretary may collect
the civil penalty at any time thereafter and by whatever means provided by law. An alien will be
ineligible for any benefits under this chapter until this civil penalty is paid.

Section 215. Cancellation of Visas

This section includes minor changes to INA Section 222(g) to improve the enforcement of the
cancellation of visas provision in current law.

Section 216. Mandatory Address Reporting Requirements

This section amends INA Section 265 regarding change of address notice requirements and
registration. Aliens shall provide written or electronic notification of an address change to the
DHS Secretary. Aliens involved in proceedings before an immigration judge or in an
administrative appeal of such a proceeding are now required to submit their current address and
telephone number as well. The address provided must be a current residential address.
Additionally, the DHS Secretary can cross-reference the address information with information
relating to the address under other federal programs, including certain information from DHS,
DOS, DOL, and correctional agencies.

Section 217. Penalties Related to Vessels and Aircrafts

This section increases the civil penalties related to alien stowaways from $2,000 to $5,000 for a
failure to carry out certain orders and $5,000 to $10,000 for a failure to remove an alien
stowaway.

Section 218. Sanctions for Countries that Delay or Prevent Repatriation of Their Citizens
and Nationals
This section includes minor changes to INA Section 243(d) to improve the enforcement of
sanctions against countries that delay or prevent repatriation of their citizens.

Section 219. State Criminal Alien Assistance Program

This section authorizes the Attorney General to reimburse states for direct and indirect costs
incurred for the imprisonment of any unauthorized aliens convicted of felonies in the state.
Preference will be given to states that share a border with Canada or Mexico.

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Section 220. Procedures Regarding Aliens Apprehended by State and Local Law
Enforcement Officers
This section first requires DHS officials to determine an individual’s alienage before issuing a
detainer to that individual and to confirm that the individual is removable from the U.S. Alien
confirmation must be through lawfully obtained information. This section also requires DHS to
collect data regarding detainers issued under INA Section 287(d), including information about
the individual, the detainer, and the criminal and immigration cases involved.

Section 221. Reform of Passport, Visa, and Immigration Fraud Offenses

This section addresses penalties for fraud and trafficking related to passports and visas.

18 U.S.C. 1541 is amended to include the following provisions regarding trafficking in

passports:

• Individuals who, in a period of three years or less traffic in multiple passports (i.e. by
producing 10 or more passports; counterfeiting 10 or more passports; possessing, selling
or buying 10 or more passports; or engaging in the submission of 10 or more passport
applications) are subject to a fine, imprisonment for up to 20 years, or both.

• Individuals who unlawfully use official material or counterfeit official material to make a
passport will be fined, imprisoned for up to 20 years, or both.

18 U.S.C. 1542 is amended to include the following provision regarding false statements:

• Individuals who knowingly make a false representation in a passport application or

facilitate the submission of a falsified passport application will be fined, imprisoned for
up to 15 years, or both.

18 U.S.C. 1543 is amended to include the following provisions regarding forgery and unlawful
passport production

• Individuals who engage in forgery or transfers a passport that was produced or issued
without lawful authority will be fined, imprisoned for up to 15 years, or both.

• Individuals who unlawfully produce, authorize, or verify a passport or transfers a

passport to be used by any unauthorized people will be fined, imprisoned for up to 15
years, or both.

18 U.S.C. 1544 is amended to include the following provisions regarding the misuse of
passports:

• Individuals who knowingly use another person’s passport, use a passport in violation of
any laws or regulations, uses, buys, or sells a fraudulent passport, or violates the terms
and conditions of any safe conduct duly obtained and issued under the authority of the
United States will be fined, imprisoned for up to 15 years, or both.
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18 U.S.C. 1545 is amended to include the following provisions regarding schemes to defraud
aliens:

• Individuals who knowingly execute a scheme in connection to federal immigration law

will be fined, imprisoned for up to 15 years, or both.

• Individuals who misrepresent themselves as an attorney or accredited representative in

any federal immigration matter will be fined, imprisoned up to 15 years, or both.

18 U.S.C. 1546 is amended to include the following provisions about immigration and visa
fraud:

• Individuals who, in a period of three years or less, unlawfully produce or transfer 10 or

more immigration documents, forge 10 or more immigration documents, use or distribute
10 or more unlawful immigration documents, or submit 10 or more false immigration
documents will be fined, imprisoned for up to 20 years, or both.

• Individuals who knowingly and unlawfully use official materials to make immigration
documents will be fined, imprisoned up to 20 years, or both.

• Individuals who use an identification document that was not lawfully issued to them, an
identification document that they know is false, or a false attestation will be fined,
imprisoned for up to one year, or both.

18 U.S.C. 1547 is amended to increase the alternative imprisonment maximum for certain
offenses.

• The imprisonment maximum for offenses committed to facilitate a drug trafficking crime
is now 20 years, instead of 15 years.

• The imprisonment maximum for offenses committed to facilitate an act of international

terrorism is now 25 years, instead of 20 years.

A new section, 18 U.S.C. 1548, is added to address attempts and conspiracies.

• It holds that any person who attempts or conspires to violate this Section shall be
punished in the same manner as a person who completed a violation of that section.

A new section, 18 U.S.C. 1549, is added to address additional jurisdiction.

• It applies extraterritorial jurisdiction to individuals who commit an offense under this

Section if the offense involves a U.S. passport or immigration document; the offense
affects foreign commerce; the offense affects U.S. national security; the offense is
committed to facilitate an act of international terrorism; the offender is a U.S. national or

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lawful permanent resident; or the offender is a stateless person whose habitual residence
is in the U.S.

A new section, 18 U.S.C. 1550, is added regarding authorized law enforcement activities.

• Nothing in this section prohibits any lawfully authorized investigative, protective, or

intelligence activity of a law enforcement agency of the United States, a State, or a
political subdivision of a State, or an intelligence agency of the United States, or any
activity authorized under title V of the Organized Crime Control Act of 1970 (Public Law
91–452; 84 Stat. 933).

18 U.S.C. 3291 is amended regarding immigration, naturalization, and peonage offenses.

• The statute of limitation is 10 years for a violation of chapters 69 (relating to nationality

and citizenship offenses), 75 (relating to passport, visa, and immigration offenses), or 77
(relating to peonage, slavery, and trafficking in persons), for an attempt or conspiracy to
violate any such section, for a violation of any criminal provision under section 243, 266,
274, 275, 276, 277, or 278 of the Immigration and Nationality Act, or for an attempt or
conspiracy to violate any such section.

Section 222. Directives Related to Passport and Document Fraud

This section requires the United States Sentencing Commission to promulgate and amend
sentencing guidelines, policy statements, and commentaries related to passport fraud offenses.
This section also requires the Attorney General to create binding prosecutorial guidelines to
ensure that any prosecution of aliens seeking entry by fraud is consistent with U.S. treaty
obligations related to asylum seekers. Certain classifications of aliens shall not be prosecuted
under 18 U.S.C. 75, Section 211 of this act, or INA Section 175 or 176. These include (1) aliens
who have filed for asylum, withholding of removal, or relief under the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment or indicates an
intention to immediately apply for such protection and immediately does so; (2) aliens who are
referred for a credible fear interview, a reasonable fear interview or an asylum-only hearing
under INA Section 235; or (3) aliens who have filed for status under (15)(T), (15) (U), (27)(J), or
(51) of section 101(a) of the Immigration and Nationality Act.

Section 223. Expanding the Definition of Conveyances Subject to Forfeiture

This section amends 19 U.S.C. 1703 to expand the definition of conveyances that are subject to
forfeiture to include vessels, vehicles, and other conveyances and instruments of international
traffic. This section also revises what constitutes prima facie evidence that a vessel or vehicle is
used in smuggling or defrauding U.S. revenue.

Section 224. Prohibitions of the Sale of Firearms to, or the Possession of Firearms by,
Certain Aliens

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This section amends 18 U.S.C. 922 to prohibit lawful permanent residents from buying firearms
and to engage in interstate and foreign commerce related to firearms.

Section 225. Criminal Forfeiture

This section amends 18 U.S.C. 982 to expand the list of crimes for which the penalty of criminal
forfeiture can be imposed.

Section 226. Advance Delivery of Information Including Passenger Manifests

This section amends INA Section 231 to ensure that lists of alien and citizen passengers are
provided for any commercial vessel, commercial vehicle, or aircraft transporting people to or
from any U.S. airport or seaport. This section also increases the fine for inaccurate or
insufficient information to $5,000.

Section 227. Unlawful Flight from Immigration or Customs Controls and Disobeyance of
Lawful Orders
This section amends 18 U.S.C. 758 to provide penalties for any person operating a motor vehicle
or vessel who knowingly flees or evades a federal law enforcement checkpoint or who
knowingly disobeys the lawful command of law enforcement agents.

Section 228. Reducing Illegal Immigration and Alien Smuggling on Tribal Lands
This section authorizes the DHS Secretary to award grants to Indian tribes whose land is adjacent
to a U.S. border and who have been adversely affected by illegal immigration.

Section 229. Diplomatic Security Service

This section amends 22 U.S.C. 2709(a)(1) to permit Department of State and Foreign Service
special agents to conduct investigations concerning illegal passports or visa issuance or use,
identity theft or document fraud affecting the Department of State, violations of federal laws
regarding peonage, slavery, and human trafficking, and federal offenses committed within
special maritime and territorial jurisdiction defined in 18 U.S.C. 7(9).

Section 230. Increased Penalties Barring the Admission of Convicted Sex Offenders Failing
to Register and Requiring Deportation of Sex Offenders Failing to Register
Aliens who are convicted for 18 U.S.C. 2250 provisions related to the failure to register as a sex
offender are inadmissible under INA 212(a)(2)(A)(i) and deportable under INA 237(a)(2)(A)(i).

Section 231. Aggravated Felony

This section amends the definition of aggravated felony under INA Section 101(a)(43) to state
that the term “aggravated felony” applies to any offense which is a felony described in this
paragraph, whether in violation of Federal or State law, for which the individual served one year
of imprisonment and to such a felony offense in violation of the law of a foreign country, for
which the term of imprisonment was completed within the previous 15 years, and regardless of
whether the conviction was entered before, on, or after September 30, 1996.

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Section 232. Increased Criminal Penalties Related to Gang Violence

Under this section, aliens who are members of criminal street gangs are inadmissible and
deportable. They are not eligible for Temporary Protected Status. Individuals who refuse to
depart after a final order of removal are subject to imprisonment for up to five years, and those
who do not comply with terms of release under supervision are subject to imprisonment for up
three years, or ten years if they are inadmissible under immigration provisions related to
smuggling, criminal offenses, or security and related grounds.

Subtitle B: Detention Reform

Section 241. Definitions

Section 242. Protections for Vulnerable Populations

This section outlines protections afforded to vulnerable populations who are eligible for release
if detained in an immigration-related enforcement activity. Vulnerable populations include
individuals with non-frivolous claims to citizenship; pregnant or nursing women; individuals
detained with their children; individuals with medical or mental health needs; individuals over 65
years old; children; victims of abuse, crime, or human trafficking; individuals referred for
credible fear interviews; individuals seeking asylum, Convention Against Torture, or
withholding of removal; and individuals eligible for relief under the INA. Members of
vulnerable populations are to be released within 72 hours of detention, and they are not subject to
electronic monitoring unless DHS demonstrates that they are suspected terrorists, pose a risk to
public safety, or are flight risks. Decisions to remove or release such aliens will be made in
writing by DHS or the Attorney General. Any detained alien may request a redetermination by
an immigration judge. Waivers are permitted only if an alien enters into a written agreement and
is eligible for either immigration benefits or for a defense against removal.

Section 243. Apprehension Procedures for Immigration Enforcement-Related Activities

Relating to Children
This section outlines procedures for immigration enforcement actions that involve children.
Prior to conducting an action, DHS will notify the Governor of the state, the local child welfare
agency, and relevant state and local law enforcement of the approximate number of individuals
targeted and the primary language spoken by those individuals. Within six hours after an action,
DHS will provide social workers or case managers to screen the apprehended individuals to
determine if they are parents, legal guardians, or primary caregivers of any children in the U.S.
Within 8 hours, DHS will provide phone calls to apprehended individuals to arrange for the care
of their children unless there is a reasonable belief that doing so would endanger public safety or
national security. DHS will also provide contact information for legal and social services. It will
ensure that the individuals are not interviewed in the presence of their children and that the best
interests of the children are considered in decisions or actions related to the individual’s

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detention, release, or transfer. In general, information collected by child welfare agencies or

NGOs to determine whether an individual is a parent, legal guardian, or primary caregiver is
confidential.

Section 244. Detentions of Families

This section details detention and review procedures for parents who are apprehended with one
or more of their children. Families with children will not be separated or taken into custody
except in exceptional circumstances or when required by law. In exceptional circumstances,
they will live in family units in non-penal facilities without restrictions on movement, internet,
library, and personal property possession. The facilities will be managed by staff with expertise
in child welfare. Parents will retain fundamental parental rights and responsibilities, and, for
families in custody for over three weeks, an immigration judge will review each family’s custody
status every 30 days. Additionally, the DHS Secretary has the discretion to not detain families
whose asylum petitions have denied based on a lack of credible fear.

Section 245. Access to Children, Local and State Courts, Child Welfare Agencies, and
Consular Officials
This section ensures that all detention facilities will have procedures to ensure that the best
interest of the child will be considered in decisions related to the custody of children whose
parents or legal guardians are detained. Individuals who are believed to be parents or legal
guardians of children have the right to daily phone calls and regular visits with their children; to
participate fully in any family court proceedings affecting the custody of their children; to
receive contact information for family courts nationwide; to have free, confidential phone calls to
child welfare agencies and family courts; to apply for travel documents for their children using
U.S. passport applications; to have time before removal to obtain their passports and necessary
travel documents for their children if their children will join them in their country of origin; to
obtain birth records and other documents required to obtain passports for their children; and to
share travel information with their children, child welfare agencies, or other caregivers prior to
their departure from the U.S.

Section 246. Memoranda of Understanding

The DHS Secretary will develop and implement memoranda of understanding with child welfare
agencies and NGOs regarding best practices for cooperation in cases involving children whose
parents, guardians, or caregivers have been apprehended or detained in an immigration
enforcement action.

Section 247. Mandatory Training

This section provides mandatory training for DHS, state, and local personnel who regularly come
into contact with children or parents in the course of conducting immigration enforcement

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actions.

Section 248. Alternatives to Detention

This section outlines the process for establishing secure programs that provide alternatives to
detention. These secure alternative programs will be available to all aliens except suspected
terrorists detained under INA Section 236A.

Section 249. Detention Conditions

This section ensures that all individuals detained pursuant to this act are treated humanely and
granted certain protections. This section also includes provisions for detention personnel
trainings, requirements for short term detention facilities, and requirements for vulnerable
populations and unaccompanied alien children. The DHS Secretary will issue guidelines for
ensuring compliance with all detention requirements, which can include the imposition of
financial penalties or the termination of a facility’s contract with DHS. This section establishes a
detention commission which will investigate, evaluate, and report on the compliance of detention
facilities with the requirements.

Medical Care: Each detainee shall receive prompt and adequate medical care, to a
comprehensive medical intake screening, and to prescribed medication and medically necessary
treatment. Involuntary psychotropic medication can be used only if allowed by law and only in
emergency situations as instructed by a physician. This section implements an administrative
review and appeals processes for handling the denial and approvals of requests for medical care.
Initial decisions must be made by an on-site licensed health care provider within 72 hours, and
appeals must be resolved within 7 days. Upon removal or release, detainees with medical or
mental health conditions and pregnant, post-natal or nursing mothers will receive discharge
planning to ensure continuity of care for a reasonable period of time. DHS will maintain
confidential medical records for each detainee and will facilitate the transfer of those records
upon a detainee’s transfer to another facility.

Notice: Detainees will also typically receive 72 hour written notice of any transfer to another
detention facility, and a detainee’s legal representative (or other person designated by the
detainee) will be notified of the transfer within 24 hours. Detainees will not be transferred if
doing so negatively affects an existing attorney-client relationship, the detainee’s legal rights, or
the detainee’s health.

Rights: Detainees shall be free of physical abuse, sexual abuse or harassment, or arbitrary
punishment. The use of solitary confinement, shackling, and strip searches will be limited to
only emergency situations that present imminent risk to others. Detainees shall have at least one
hour of recreational programs and activities and to receive visits from religious, cultural, or
spiritual advisors or from children under 18. Detention facilities will have on-staff translation

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capabilities for any language spoken by at least 10% of the detainee population. Written notices
and materials will be provided in any language spoken by at least 5% of the detainee population.

Access to Legal Information: By January 2012, all detention facilities should be located within
50 miles of a city or municipality where free or low cost legal services are available. Detainees
will have access to telephones and the right to contact – free of charge – legal representatives,
certain NGOs, consular offices, applicable federal and state courts, and government immigration
agencies and adjudicatory bodies. Detainees will have access to legal information through an
on-site library and to access computers, printers, copiers, and typewriters. They will have a right
to meet privately with legal representatives, interpreters, and legal support staff.

Death in Custody Reporting Requirements: The death of a detainee in custody will be reported
to the DHS Secretary immediately and to the DHS Office of the Inspector General and the DOJ
within 48 hours. DHS will conduct an investigation of each death, and each year a report will be
submitted to Congressional committees regarding all such deaths.

Section 250. Access to Counsel

This section permits the Attorney General to appoint counsel to represent aliens in removal
proceedings.

Section 251. Group Legal Orientation Presentations

This section establishes a National Legal Orientation Support and Training Center to ensure the
quality, consistent implementation of group legal orientation programs. The Center will train
and offer support to nonprofit agencies that provide group legal orientation programs to detained
aliens in immigration and asylum proceedings.

Section 252. Protections for Refugees

This section amends INA Section 209. It authorizes the DHS Secretary to establish quality
assurance procedures to ensure the accuracy and verifiability of sworn statements taken pursuant
to expedited removal authority, including the recording of sworn or signed written statements. It
requires that professional fluent interpreters are used when interviewing officers do not speak the
language understood by the alien and there is no other government employee available to
accurately, effectively, and impartially interpret. It authorizes the U.S. Commission on
International Religious Freedom to conduct a study on whether this Section is being followed
and to submit the report to Congress.

Section 253. Immigration and Customs Enforcement Ombudsman

This section amends Title III, Subtitle D, of the Homeland Security Act of 2002 to establish the
position of Immigration and Customs Enforcement (ICE) Ombudsman. The ICE Ombudsman
will inspect detention facilities and local ICE offices to determine whether they comply with

20
 
   

relevant policies, procedures, and laws; report findings to the DHS Secretary and ICE Assistant
Secretary; investigate and resolve all complaints; conduct reviews or audits related to detention;
refer matters to other relevant offices or agencies; propose changes to ICE policies to improve
the treatment of those subject to immigration-related enforcement operations; and establish a
public advisory group with expertise in detention and vulnerable populations; and recommend
personnel actions to the ICE Assistant Secretary based on any findings of non-compliance. The
ICE Ombudsman will submit an annual report to the House and Senate Judiciary Committees on
its objectives for the next fiscal year.

Section 254. Lawful Permanent Resident Status of Refugees and Asylum Seekers Granted
Asylum
This section first provides that refugees, their spouse, and their children who are admitted under
INA 207(c) shall be lawful permanent residents as of the date of their admittance. Second, this
section allows the spouse or children of an alien granted asylum to receive derivative status upon
the grant of asylum to the principal asylee regardless of whether that alien has been granted
permanent resident status. Spouses or children who follow an asylee to the U.S. are lawfully
admitted for permanent residence as of the date of admittance. Spouses or children of an alien
asylum-seeker who has not yet been granted asylum can apply for permanent resident status at
any time after the alien is granted asylum. All such aliens will be issued documentation of their
lawful permanent resident status pursuant to a grant of refugee or asylum status. Subject to
certain restrictions, the DHS Secretary or Attorney General may also waive inadmissibility or
deportability grounds for such aliens.

Section 255. Elimination of Time Limits on Asylum Applications

This section eliminates the one-year time limit for filing an asylum claim.

Section 256. Efficient Asylum Determination Process and Detention of Asylum Seekers
Under this provision, the DHS asylum office would be given jurisdiction over an asylum case
after a positive credible fear determination. The alien would then undergo an asylum interview.
If the asylum officer determines that he or she is unable to grant asylum, the case will be referred
to an immigration judge and the asylum seeker placed in removal proceedings. This structure
mirrors the current process for asylum seekers who apply for asylum from within the United
States. The Secretary of Homeland Security currently has discretion to detain asylum seekers.
This section maintains such discretion but clarifies that, consistent with a DHS policy
announced in December 2009, it is the policy of the United States to release (“parole”)
asylum seekers who have established a credible fear of persecution. Under this section,
asylum seekers who have established identity will be released within 7 days of a positive
credible fear determination unless DHS can show that the asylum seeker poses a risk to
public safety (which may include national security) or is a flight risk. If parole is denied,
an immigration judge must review the decision within 7 days of the decision to deny
release. This section also requires the Secretary and the Attorney General to promulgate

21
 
   

regulations for parole.

Section 257. Protection of Stateless Persons in the United States

This section will enable individuals who are de jure stateless to obtain lawful status in the
United States. De jure stateless persons are individuals who are not considered to be
citizens under the laws of any country. Persons in such circumstances do not have a
country and therefore cannot be returned anywhere. They are ineligible for lawfully
recognized status in the United States based on the fact that they are stateless. This
section would make such persons eligible to apply for conditional lawful status if they are
not inadmissible under criminal or security grounds and if they pass all standard
background checks. After one year in conditional status, de jure stateless persons would
be eligible to apply for lawful permanent status. This period of time mirrors the
traditional one year of residence required for other discretionary grants of asylum and
refugee status, after which time asylees and refugees have become eligible to apply for
lawful permanent status.

Section 258. Authority to Designate Certain Groups of Refugees for Consideration

This section authorizes the Secretary of State to designate certain groups as eligible for
expedited adjudication as refugees. The authority would address situations in which a
group is targeted for persecution in their country of origin or country of first asylum and
the Secretary wishes to expedite refugee processing for humanitarian reasons. The
designation by the Secretary would be sufficient, if proved to the satisfaction of the
Secretary of Homeland Security, to establish a well-founded fear of persecution for
members of the designated group. However, each individual applicant would have to be
admissible to the United States and pass security and background checks before being
admitted. Refugees admitted under this authority would not be exempt from the annual
limit on refugee admissions. This section simply enables the Secretary to call for
expedited adjudication where necessary and appropriate.

Section 259. Admission of Refugees in the Absence of the Annual Presidential

Determination
This section states that for a fiscal year in which the executive branch does not determine
the allocation of refugees for that year, the admission of refugees is not delayed. Rather,
until a determination is announced for the new fiscal year, in each quarter of the new
fiscal year, the number of refugees equal to one-quarter for the prior fiscal year’s
allocation may be admitted.

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Title III. Worksite Enforcement

Section 301. Unlawful Employment of Aliens

This section amends INA Section 274A. It includes a mandatory national employment
verification system, provisions regarding the employment of unauthorized aliens, the verification
of employee work authorization, the requirements and protocols for a national employment
verification system (currently, E-Verify), and protections against discriminatory immigration-
related employment practices.

Employing Unauthorized Aliens: Under this section, it is unlawful for an employer to knowingly
or with reckless disregard hire, continue to employ, or use a contract to obtain the labor of an
alien who is unauthorized to work. The DHS Secretary may require employers to have written
contracts ensuring that their contractors or subcontractors adhere to immigration laws. By
complying in good faith with the above requirements and by complying with any applicable
requirements regarding the use of an employment verification system, employers will have
established an affirmative defense that they have not unlawfully employed an unauthorized
worker.

Procedures for Verifying that Employees Are Authorized to Work in the United States: This
section updates the documents that employees can present for verification of identity and
employment authorization. Such documents include a U.S. passport, permanent residence or
employment authorization card including biometric data or other identifying information, an
enhanced drivers’ license with additional security features, or certain other passports. To
establish identity, the document must include at a minimum the individual’s photograph, name,
date of birth, gender, and driver’s license or identification card number, and security features to
make it resistant to tampering, counterfeiting, and fraudulent use, or for minors, an attestation as
to the individual’s identity may be required under penalty of perjury.

To establish employment authorization, the following may be accepted: fraud-resistant Social

Security Cards or other documentation required by the Secretary.

This section creates stricter requirements for the recordkeeping of employment authorization
documentation. Employers must retain a version of the documentation form (currently, Form I-
9) and make it available to DHS, DOJ Office of Special Counsel for Immigration-Related Unfair
Employment Practices, or the DOL for at least either seven years after the hiring date or two
years after the individual’s employment is terminated, whichever is later. The employer must
also keep copies of the documentation form in accordance with DHS regulations. It must ensure

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that these records are used only for employment verification and protect the confidentiality of the
employees’ identities and employment eligibility.

It creates procedures for registering for the employment verification. It provides a gradated
timeframe for employers to register; all employees must register within 5 years. All employers
within the Executive, Legislative, or Judicial Branches of the Federal Government shall
participate in the System on or within 60 days after the date of enactment. Federal contractors
shall participate in the System as provided in the final rule published at 73 Federal Register
67,651 (Nov. 14, 2008). Within one year, the Secretary may require any employer or industry
which the Secretary determines to be part of the critical infrastructure or directly related to the
national security or homeland security of the United States to participate in the System with
respect to all newly hired employees and employees with expiring employment authorization.
Employers with more than 1000 employees shall participate within 2 years; employers with more
than 500 employees within 3 years and employers with more than 100 employees, within 4
years. Additionally, if an employer is found to have violated immigration law, it shall be required
to register for the system. Employers may also register on a voluntary basis. Failure to register
creates a rebuttable presumption that the employer has hired unauthorized aliens.

This section outlines the requirements for employers participating in the system. These include
required training to ensure proper use and the protection of civil rights, civil liberties, and
privacy and required notification to employees stating that the system cannot be used for
discriminatory or immigration enforcement purposes.

The section outlines the confirmation and nonconfirmation process including the issuance of a
further action notice which designates when an individual might have to submit additional
information; the process for contesting a determination; employee protections; and notice
requirements. A confirmation or nonconfirmation must be issued within 15 days. The Secretary
may extend that period for good cause. Employees must receive notice of the noncifmration
within 3 business days. Employees are prohibited from employing an individual who received a
nonconfirmation following the expiration of the administrative appeal or if a further action notice
was not contested.

Administrative Review Process: Individuals who are timely notified of a nonconfirmation have
15 days to file an administrative appeal. U.S. citizens and nationals file appeals with the SSA
Commissioner, and aliens file with the DHS Secretary, both of whom will develop procedures
for reviewing appeals. Individuals who are improperly received nonconfirmations will be
compensated for lost wages (at most $7,000) except for periods in which the individual was not
authorized to work, reasonable costs and attorneys’ fees (at most $50,000).

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Judicial Review Process: Within 90 days of a final determination on the administrative appeal,
an individual may file for judicial review in a civil action in federal district court. The plaintiff
has the burden of showing that the administrative order was erroneous. If an erroneous final
determination was the result of the system’s rules, processes, or procedures or of information that
wasn’t the result of an omission by the plaintiff, the court may award lost wages (up to $75,000),
reasonable costs and attorneys’ fees (up to $50,000)

Private Right of Action: If the nonconfirmation was caused by the employer’s negligence or
misconduct, the employee can seek damages, back pay, reinstatement, and other remedies in a
civil action against the employer. The civil action must be commenced in federal district court
within 90 days of notice of a final determination on the administrative appeal.

Annual Study and Report: The U.S. Comptroller General is authorized to conduct an annual
study of the employment verification system and to submit a report to Congress and DHS on the
findings. The study will determine whether the system demonstrates accuracy in updating
information, low error rates and delays in verification, no tendency towards discrimination based
on the system operations, the protection of employees’ private information, and adequate staffing
and funding.

Annual Audit and Report: The DHS Office for Civil Rights and Civil Liberties will conduct
annual audits to assess employer compliance with system rules and with the memorandum of
understanding between employers and the SSA and DHS.

Management of the System: The employment verification system is managed by DHS. DHS
will respond to participating employers’ inquiries about employee identity and work
authorization, it will maintain records of those inquiries and the responses as evidence of
employer compliance with their requirements, and it will provide information to and require
action by employers and individuals using the system. It will confirm identities and employment
authorization using SSA records, state and federal birth and death records, passport and visa
records, and state driver’s license or identity card information. It will include photographs from
such documents, if available. It will be designed to operate efficiently, effectively, with privacy
protections, and auditing capabilities.

The DHS Secretary is responsible for maintaining a reliable, secure method for comparing
information to confirm identities and work authorization; for issuing confirmations,
nonconfirmations, and notices of further action; performing regular audits; providing federal
government facilities where individuals and employers - who are otherwise unable – can access
the system; establish a program to identify the multiple use of Social Security account numbers,
establish a system to reduce identify fraud and other misuses; and conduct regular civil rights

25
 
   

and civil liberties assessments of the system. The Secretary of State is responsible for providing
access to necessary passport and visa information.

Compliance: The Secretary will also establish procedures for ensuring compliance with the
system rules. These include a system for complaints, initiating investigations and hearings, and
requiring employers to perform an internal review and to submit a certification of compliance.
Additionally, DHS can issue penalties for civil violations of this section. It must first provide
written notice of the alleged violation and the penalty sought. Employers have 30 days to
respond. Then the DHS Secretary will issue a final determination including the findings of fact
and conclusions of law, as well as the penalty claim, which includes monetary fines. Judicial
review of a final administrative decision is permitted, and this section outlines the requirements
for such review. If a final determination against the employer is not subject to judicial review,
the Attorney General may bring a civil action to enforce compliance. Any employer who does
not pay the required fees or penalties is subject to a lien on all property and rights to property.

Prohibition of Indemnity Bonds: It is unlawful for employers to require a potential employee to

post a bond or security or provide a financial guarantee against any potential liability under this
section related to hiring that individual. This is punishable by a civil penalty of up to $10,000
per violation.

Government Contracts: If an employer with federal grants, contracts, or cooperative agreements

or an employer who reasonably may be expected to submit offers or be awarded a government
contract is deemed a repeat violator of this section or is convicted of a crime under this section, it
will be subject to disbarment from receiving federal grants, contracts, or cooperative agreements
for a period up to 5 years. Indictments for violations of this section or evidence of actions that
could be the basis of disbarment are cause for suspension under the Federal Acquisition
regulation procedures. Inadvertent violations are not a cause for repeat violator status.

Preemption: This section clarifies existing law. In the Immigration Reform and Control Act of
1986 (IRCA), Congress established comprehensive regulation concerning the employment of
unauthorized workers that takes into account multiple federal interests and leaves no room for
additional state or local legislation. Because the comprehensive nature of federal preemption in
this area has been repeatedly misunderstood, this section clarifies the broad preemption in this
area, and eliminates a small exception for licensing laws that has been erroneously
misinterpreted.

Neither backpay nor any other monetary remedy for unlawful employment practices by an
employer, workplace injuries or other causes of action giving rise to liability shall be denied to a
present or former employee on account of: the employer's or the employee's failure to comply
with the requirements of this section in establishing or maintaining the employment relationship
or the employment verification system or the employee's continuing status as an unauthorized
alien both during and after termination of employment.

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Section 302. Disclosure of Certain Taxpayer Information to Assist in Immigration

Enforcement
The Social Security Administration may disclose to DHS certain taxpayer identity information.
Any identities disclosed may be used by DHS officers, employees, and contractors only for the
purpose of, and to the extent necessary, preventing identity fraud and preventing unauthorized
aliens from obtaining continuing employment in the U.S.

Section 303. Compliance by Department of Homeland Security Contractors with

Confidentiality Safeguards
This section amends 26 U.S.C. 6103(p) to provide additional confidentiality safeguards for
information disclosed in tax returns. DHS contractors will have access to such information only
if there are requirements in place to protect confidentiality, there are on-site reviews every three
years to determine compliance with those requirements, and DHS annually certifies that each
contractor is in compliance. This section also repeals the current reporting requirements on
earnings of aliens who are authorized to work (INA 290(c)) and on fraudulent use of Social
Security account numbers (INA 414(b)).

Section 304. Increasing Security and Integrity of Social Security Cards

This section requires that within 2 years, only fraud-resistant, tamper-resistant, and wear-
resistant Social Security cards will be issued. Any request for a replacement card will be subject
to a SSA determination that there is a legitimate purpose behind the request. Additionally, this
section amends 42 U.S.C. 208(a) to include criminal penalties for individuals who knowingly use
a social security number or card obtained by fraud or false statements, who knowingly uses
another person’s social security number or card , knowingly sells or intends to sell a social
security number or card, or knowingly alters or counterfeits a card. The Social Security
Commissioner can disclose an individual’s Social Security information to law enforcement
investigating violations of this section, INA Section 274A, INA Section 274B, or INA Section
274C.

Section 305. Increasing Security and Integrity of Immigration Documents

No later than one year after this Act’s enactment, the DHS Secretary will issue only machine
readable, tamper-resistant employment authorization documents that use biometric identifiers.
The Secretary will also report to Congress on the use of such documents for nonimmigrant aliens
authorized to work with a specific employer.

Section 306. Responsibilities of the Social Security Administration

This section amends the Social Security Act, 42 U.S.C. 405(c)(2). It requires that the Social
Security Commissioner create a reliable, secure method of verifying Social Security numbers
within the employment authorization system and create a system to identify and correct
misinformation in Social Security databases in order to prevent fraud and identity theft. The
commissioner may also create a process in which individuals can request, based on an

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individual’s Social Security number, that a confirmation in the employment verification system
be precluded until it is reactivated by the individual.

Section 307. Antidiscrimination Protections

This section amends INA Section 274B, which prohibits employment discrimination based
citizenship status or national origin. Violations of Section 274B are litigated by Office of
Special Counsel in the DOJ Civil Rights Division.

Under this section, the misuse of the employment verification system (currently, E-Verify) is
added to the list of unfair immigration-related employment practices. This includes practices
such as:

• Terminating an employee while confirmation under the system or the employee’s

decision to challenge or appeal a system determination is pending;

• Using the system for anyone who is not an employee or for unauthorized purposes;

• Using the system to exclude certain individuals from employment who seem likely to
require additional verification in the system;

• Failing to provide timely required notice to employees;

• Using the system to deny benefits or to interfere with labor rights;

• Using the system for discriminatory or retaliatory purposes.

The section includes revisions to some applicable legal standards and terminology. It adds a new
provision outlining the burden of proof for demonstrating discrimination in disparate impact
cases and a new provision defining when citizenship status or national origin is considered a
motivating factor. It defines “employment agency” as any person or entity or their agent who
regularly procures employees for an employer or procures employment opportunities for
employees.

The section also revises the type of relief granted in these discrimination actions. Presiding
judges are given more discretion in the equitable relief that they can award. However, judges
cannot require the admission or reinstatement of an employee into a union or require the hiring,
reinstatement, or promotion of an employee if the employee did not suffer adverse employment
action because of his or her citizenship status or national origin. Judges may grant declaratory or
injunctive relief – but not damages – if an employer demonstrates that it would have taken the
same action in the absence of an impermissible motivating factor. Additionally, this section
increases the fines for violations.

Lastly, this section revises some of the Office of Special Counsel’s (OSC) responsibilities. It
allocates $40 million for each year between 2011 and 2013 for the purpose of disseminating

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information to employers and workers. It provides E-Verify transaction and citizenship status
data to OSC upon request. It permits OSC to cooperate with state and local agencies that
administer of state fair employment practice laws with respect to research and other projects, as
well as the processing of charges.

Section 308. Immigration Enforcement Support by the Internal Revenue Service and the
Social Security Administration
This section amends Section 6721 of the Internal Revenue Code of 1986 to increase penalties for
employers who fail to file correct information returns.

Section 309. Enhanced Verification System

This section authorizes the DHS Secretary to establish procedures to allow an individual to
verify his eligibility for employment in the U.S., to review his records in the verification system,
and to update any information about himself. This section authorizes the creation of a voluntary
Enhanced Verification System which would allow individuals who have reviewed their records
to update information in the system, to submit biometric information, and to block the use of
their Social Security numbers in the system. The DHS Secretary will submit a report to
Congress assessing the Enhanced Verification System and recommending further necessary steps
before requiring individuals to participate.

Section 310. Authorization of Appropriations

This section increases the DHS staff dedicated to administering the employment verification
system and enforcing compliance with Section 274A, 274B, and 274C by least 4,500 personnel
per year for the next five years. It outlines the compliance and monitoring functions required of
the new personnel.

Title IV. Reforming America’s Legal Immigration System

Subtitle A. New Worker Program and the Creation of a Standing Commission

Section 401. Standing Commission on Immigration, Labor Markets, and the National
Interest
This section establishes a new 14-member independent federal agency to establish employment-
based immigration policies, facilitate research on the economic impacts of immigration, make
recommendations to Congress and the President about the level of employment-based
immigration, and analyze the economic, labor, security, and foreign policy impacts of our
immigration policies. The Commission will be comprised of the DHS Secretary, Secretary of
State, Attorney General, Secretary of Labor, Secretary of Health and Human Services, Secretary
of Agriculture, the Social Security Commissioner, and seven non-governmental members

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appointed by the President. Among its duties, the Commission will collect, analyze, publish data
on demographic trends, the impacts of employment-based immigration, and the development of a
new worker H-2C nonimmigrant visa program, and it will submit an annual report to the
President and Congress recommending adjustments to visa allocations. It will have the power to
establish general policies, hold hearings, and cooperate with other federal, state, and local
agencies. It may appoint a staff director and other necessary personnel, and it may use the
services of detailees and consultants.

Section 402. H-2C Nonimmigrant Worker Program

This section establishes the new H-2C nonimmigrant visa category for alien workers and their
dependents.

This Section amends Chapter 2 of Title II of the INA to include Section 218A regarding the
admission of nonimmigrant workers. Under Section 218A, the number of nonimmigrant workers
admitted under the H-2C program shall be established by the Commission. To be eligible for an
H-2C visa, an alien must have an employment offer, establish that he or she is qualified, pay a
$100 visa fee, undergo a medical exam and a background check, establish admissibility, and
provide information concerning the alien’s health, criminal history and gang membership,
immigration history, and involvement with groups engaged in terrorism, persecution, genocide,
or who seek to overthrow the U.S. government. The H-2C visa is issued for three years and can
be renewed once for an additional three-year period. However, aliens can apply for a new H-2C
visa if they leave the U.S. and reside elsewhere for at least one year. Visa authorization will be
terminated if the alien is unemployed for 60 or more consecutive days unless unemployment is
caused by a physical or mental disability protected by the Family Medical Leave Act of 1993
(Section 101), a period of authorized vacation or leave, or temporary employment caused by a
major disaster or emergency. H-2C visa holders may travel outside of the U.S., and they will be
issued a machine-readable, biometric identification document that – for Canadians and Mexicans
- can be used instead of a passport and visa. Aliens who do not depart after their visa expires
will be ineligible to be readmitted under INA Section 222(g)(2). Visa holders can accept new
employment if the new employer complies with the obligations in INA Section 218B and if the
visa holder did not work without authorization.

This section also adds Section 218B which governs employer obligations. Under this section, H-
2C employment cannot be agriculture-based, and it must be in areas where the unemployment
rate is less than 10% for workers whose who have not completed education beyond a high school
diploma. Every employer that seeks to employ an H-2C nonimmigrant must file a petition with
the Secretary of Labor and pay an application filing fee for each alien and an initial fee based on
the size of the employer (at most $1,500 for employers with more than 500 employees).

Recruitment of U.S. Workers: Unless the Labor Secretary deems that there is a shortage of U.S.
workers in the occupation and area of employment, each employer must demonstrate efforts to
recruit workers already authorized to work in the U.S. Each employer must submit a job

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description to the relevant state employment service agency for publication on the agency’s job
database website and for distribution to unemployment agencies and appropriate recruiters. It
must authorize the agency to notify labor organizations and applicable unions of the job position.
It must post the job description in conspicuous locations at the place of employment, advertise
the job availability in a high circulation publication for at least 10 days, and possibly advertise in
professional, trade, or ethnic publications as well. It must offer the job to any qualified and
available U.S. worker.

Attestation: Employers must attest to the following requirements – (1) the employment of an H-
2C nonimmigrant will not adversely affect the wages and working conditions of U.S. workers
and does not cause a U.S. worker to stop working for the employer within a 180-day period
beginning 90 days before an H-2C petition is filed; (2) H-2C nonimmigrants will be paid the
actual wage paid to all other similarly situated employees or the prevailing wage level (as
determined in accordance with this section); (3) H-2C nonimmigrants will have the same
working conditions and benefits as similarly situated employees; (4) there is not a strike, lockout,
or work stoppage in the course of a labor dispute in the occupation at the place of employment at
which the H–2C nonimmigrant will be employed; (5) H-2C nonimmigrants who are not covered
by workers compensation will receive comparable insurance coverage for injury and disease
arising from employment; (6) the employer will provide notice of filing the petition to its
employees’ bargaining representatives or, if none exists, it will post notice in conspicuous
locations at the worksite and electronically disseminate notice to its employees in the same
occupational classification as the H-2C job; (7) the employer will make good faith efforts to
recruit U.S. workers; (8) the employer is not ineligible; (9) H-2C workers cannot be employed in
any construction or metal worker occupation; (10) the job is a bona fide job; (11) copies of any
H-2C petitions and supporting documents will be publicly available; (12) the employer will
notify DHS and DOL within 3 days of the H-2C worker’s separation from employment or
transfer to another location; (13) the petition was filed within 60 days of actual need for labor;
(14) H-2C immigrants may not be required to waive their rights under this Act; and (15) it is a
violation to threaten H-2C workers who exercise rights protected in this Act with withdrawal of
the petition.

Ineligibility of Employers: Employers are ineligible for at most three years if, in the attestations,
they misrepresent a material fact, make fraudulent statements, or fail to comply with the terms of
their attestations or if they fail to cooperate with the required audit process.

Foreign Contractor: H-2C visa holders cannot be treated as independent contractors, and they
cannot be denied – because of their nonimmigrant worker status – any remedies under applicable
U.S. labor or employment law that would be available to a similarly situated U.S. worker.
Employers will comply with all applicable federal, state, and local tax and revenue laws.

Labor Recruiter: Foreign labor contractors or employers who contract for foreign labor must
disclose at the time of recruitment to any worker recruited for employment the following

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information about the job position: the place of employment, compensation and other benefits,
description of activities, the period of employment, travel or transportation expense, the
existence of any labor organizing activity, the existence of any arrangement in which an
individual or entity will receive a commission for providing services to workers, the extent of
compensation otherwise for injuries or deaths, any training or education to be provided and
whether the training is a condition of employment, and a statement describing protections under
this Act for workers recruited abroad. Foreign labor contractors or employers who engage in
foreign labor contracting activity cannot provide false or misleading information about the above
topics to any workers. The information must be provided in writing in English and if possible
the language of the worker being recruited. Recruited workers cannot be assessed a fee for
foreign labor contracting activity. The employer will pay the cost of transporting the alien from
his or her home residence to the place of employment and back (or to the alien’s next place of
employment). Employers must notify the Labor Secretary of any foreign labor contractors it
uses to recruit workers. Any individual engaged in foreign labor recruitment must be registered
with the Secretary of Labor in accordance with specific requirements for certification and
renewal. Violations by foreign labor contractors or employers engaging in such activities will be
subject to the same penalties as provided in the rest of this subsection. The Labor Secretary may
require that a foreign labor contractor post a bond in an amount sufficient to ensure the
protection of individuals recruited by that contractor.

Employee Protections: Employers cannot retaliate, threaten, discharge, or discriminate against an

H-2C worker for disclosing information demonstrating violations of this Act or for cooperating
in investigations about compliance with this Act. H-2C workers cannot be required to waive
their rights under this Act. It is a violation of this Act to threaten H-2C workers who exercise
rights protected in this Act with withdrawal of the petition

Enforcement and Penalties: The Labor Secretary will promulgate regulations for investigating
and resolving complaints related to violations of this section. Complaints must be filed within
one year. The Labor Department will conduct an investigation of the complaint and offer a
hearing on the complaint. Violations are subject to administrative remedies and penalties,
including back wages, benefits, and civil monetary penalties, which are outlined in this section.

Numerical Limitations: Numerical limitations for H-2C visas cannot exceed the number
recommended by the Commission on Immigration, Labor Markets, and the National Interest or,
if the Commission fails to make a recommendation, the number designated in the previous fiscal
year.

Admission of Nonimmigrants: INA Section 214(b) (presumption of nonimmigrant status) and

INA 214(h) (evidence to abandon foreign residence) shall apply to H-2C nonimmigrants.

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Rulemaking and Effective Date: The Secretary will promulgate rules within six months of this
Act’s enactment, and amendments made by Sections 403, 404, and 405 will take effect one year
after the date of enactment with regards to aliens in foreign countries.

Section 403. Recruitment of United States Workers

The Labor Secretary will establish a public webpage on the DOL website that provides links to
each state’s workforce agency’s statewide electronic job registry. An H-2C employer will attest
that it posted the job opportunity at a prevailing wage level and will maintain records for at least
a year that describe reasons for not hiring any U.S. workers who applied. Any job opportunities
posted to the registries must be accessible (1) to state workforce agencies, which can disseminate
the information to other interested parties and (2) through the internet for access by workers,
employers, labor organizations, and other interested parties.

Section 404. Adjustment to Lawful Permanent Resident Status

An H-2C alien’s employer can petition for adjustment of status. The alien can also self-petition
if he or she has been employed as an H-2C worker for at least four years. To adjust status, the
alien must pay a $100 application fee and a processing fee, be physically present in the U.S.,
establish evidence of continuous lawful employment (by providing bank records, business
records, employer records, labor organization records, sworn affidavits, etc.), pursue a course to
achieve an understanding of English and U.S. history and government, and meet INA Section
312 requirements. Aliens with pending applications for adjustment of status, labor certification,
or immigrant visas will have their H-2C visa status in one-year increments.

Section 405. Employer Compliance

The Secretary of Labor will annually increase, by at least 2,000, the number of positions for
compliance investigators dedicated to enforcing compliance with this title.

Any H-2C employer who is subject to a fine under Section 16 of the Fair Labor Standards Act or
Section 17 of the Occupational Safety and Health Act for a violation related to the H-2C worker
is required to pay double the fine amount.

This section also amends INA 274A (as amended by Section 301 of this Act) to prohibit U.S.
Immigration and Customs Enforcement officials from misrepresenting to employers or
employees that they are members with agencies or organizations that provide domestic violence
services, enforce health, safety or labor laws, provide health care services, or provide any other
services intended to protect life and safety. Additionally, ICE investigations must be coordinated
with the appropriate National Labor Relations Board regional office, the Department of Labor,
and all relevant state and local agencies that enforce workplace safety standards.

This section amends section 6(b) of the Occupational Safety and Health Act to require that
employers provide employees with required personal protective equipment at no cost to the
employee.

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Section 406. Authorization of Appropriations

Subtitle B. Family and Employment Visa Reforms

Chapter 1. Family and Employment Based Immigrant Visas

Section 411. Recapture of Immigrant Visas Lost to Bureaucratic Delay

This section recaptures unused employment-based visas and family-sponsored visas from fiscal
years 1992–2007. For future fiscal years, unused visa numbers will “roll over” to the next fiscal
year. To reduce current backlogs, this section exempts immediate relatives from the cap on the
number of immigrant visas. Aliens who are: 1) a derivative beneficiary of an employment-based
immigrant; 2) aliens with extraordinary ability in the sciences, arts, education, business, or
athletics which has been demonstrated by sustained national or international acclaim; 3)aliens
who have earned an advanced degree in the sciences (not including the social sciences),
technology, engineering, or mathematics from a United States institution of higher education and
have been working in a field related to their degree subject in the United States under a
nonimmigrant visa during the 2-year period preceding their application for an immigrant visa; 4)
alien physicians who have completed service requirements of a waiver or exemption requested
by an interested State agency or by an interested Federal agency under section 214(l); 5) aliens
who are eligible for adjustment of status under section 245(n)(1) as an alien who described in
section 101(a)(15)(H)(ii)(c). This section also defines the discretionary national interest pool is
the number that is the average of the difference between the number of legal immigrant visas
issued annually from fiscal year 1995 through fiscal year 2010; and the number of legal
immigrant visas issued annually plus unauthorized entries estimated annually by the Secretary of
Homeland Security from fiscal year 1995 through fiscal year 2010.

Section 412. Reclassification of Spouses and Minor Children of Lawful Permanent

Residents as Immediate Relatives
This section reclassifies spouses and children of lawful permanent residents as “immediate
relatives” to promote the efficient reunification of families. This will allow the spouses and
children of lawful permanent residents to immediately qualify for a visa. Spouses and children of
immediate relatives who are eligible to “accompany” or “follow to join” the primary applicant
may use the same visa petition.

To address the fact that some countries face unreasonably long backlogs, this section revises the
per country immigration limits for family-based immigration from 7 to 15 percent of total
admissions and eliminates the employment-based caps.

Section 413. Promoting Family Unity

This section increases the government’s discretion and flexibility in addressing numerous
hardships caused by a provision that bars individuals unlawfully present in the United States
from utilizing our legal immigration system. Amends INA Section 212(a)(9)(B) to create one

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three year bar of inadmissibility for noncitizens who are unlawfully present for more than year.
The unlawful presence bar does not apply to an alien for whom an immigrant visa is available or
was available on or before the date of the enactment of this Act, and is otherwise admissible to
the United States for permanent residence. Any unlawful presence accrued by an alien as of the
date of enactment this Act shall not be considered unlawful presence for the purpose of this
subparagraph if such alien was as of the date of enactment 1) the beneficiary of a pending or
approved petition for classification as an immediate relative; 2) the beneficiary of a pending or
approved family-based or employment based petition or 3) a derivative beneficiary of a pending
or approved immediate relative, family based or employment based petition. This section also
amends current bars to relief for false claims to citizenship to require a willful violation and it
allows the Secretary to consider U.S. citizen children’s interests in determining whether a waiver
is appropriate.

Section 414. Discretionary Authority with Respect to Removal or Deportation of Citizen

and Resident Immediate Family Members
This section amends Section 240(c)(4) to add Subparagraph D, which provides for judicial
discretion in removal proceedings if removal, deportation, or exclusion is against the public
interest or would result in hardship to the alien’s U.S. citizen or permanent resident parent,
spouse or child. Judicial discretion would not be available for aliens whom the judge
determines:

(1) is described in criminal grounds stated in subparagraphs (B), (C), (D)(ii), (E), (H), (I), or (J)
of INA Section 212(a)(2);

(2) is described in the security related grounds in INA Section 212(a)(3);

(3) is described in INA Section 212(a)(10) subparagraphs (A), (C), or (D) (a practicing
polygamist, international child abductor, or unlawful voter);

(4) is described in section 237(a)(4) (security threats); or

(5) has engaged in conduct described in paragraph (8) or (9) of Section 103 of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7102).

Section 415. Military Families

This section establishes an adjustment of status process for an alien who is the parent, spouse,
child, son, or daughter of a living Armed Forces member or a deceased Armed Forces member
who died as a result of an injury or disease incurred in or aggravated by the his or her service. A
son or daughter who has a Filipino parent naturalized under Section 405 of the Immigration Act
of 1990 may also apply under this section. Armed Forces member is defined as any U.S. citizen
of lawful permanent resident who is serving, or has served honorably on or after October 7,
2001, as a member of the National Guard or the Selected Reserve of the Ready Reserve, or in an
active-duty status in the military, air, or naval forces of the United States; and if separated from

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the service described in paragraph, was separated under honorable conditions. Certain waivers
of inadmissibility may apply. Aliens who adjust their status under this section do not offset the
number of visas available under the INA.

Section 416. Equal Treatment for All Stepchildren

This section equalizes the treatment of step children by allowing step children who are 21 years
of age at the time of the parent’s marriage to immigrate. The current age limit is 18 years for
stepchildren and 21 years for most other children.

Section 417. Widows, Widowers, and Orphans

This section extends the relief given to orphans, widows and widowers in the 2009 DHS
Appropriations bill to certain relatives living outside the U.S. It also clarifies naturalization
requirements for widows and widowers and clarifies that that orphans, widows and widowers
may continue to seek waivers under the Immigration and Nationality Act on the basis of the
relationship to the deceased spouse.

Section 418. Fiancé Child Status Protection

This provision allows the DHS Secretary or the Attorney General to adjust the status of an
individual immigrating to the United States on a fiancé visa and any accompanying minor
children to conditional permanent residence, provided that the marriage occurred within three
months of admission and the noncitizen is not inadmissible. A noncitizen who is eligible for a
waiver of inadmissibility under current law may still adjust status. An alien who is inadmissible
under Section 212(a)(5) having to do with labor certification and 212(a)(7) relating to
documentation requirements may still apply.

The age of the noncitizen using a fiancé visa and any minor children will be the date the fiancé
petition is filed. The provisions of this section shall be effective as if enacted as part of the
Immigration Marriage Fraud Amendments of 1986, Pub. L. 99-639. The provisions will apply to
all petitions pending as of the date of enactment as well as past petitions denied that would have
been approvable if this section had been in effect in which case a motion to reopen or reconsider
shall be permitted.

Section 419. Special Humanitarian Visas

This section gives the DHS Secretary the discretion to waive any of the requirements of title 8,
United States Code, in the case of aliens whose cases involve special humanitarian
considerations, in a number not to exceed 1000 in any fiscal year.

Section 420. Exemption from Immigrant Visa Limit for Certain Veterans from the
Philippines
This section would exempt the children of certain Filipino World War II veterans from the
numerical limitations on immigrant visas.

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Section 420A. Determinations Under the Haitian Refugee Immigration Fairness Act of
1998
This section allows applications for adjustment of status and motions to reopen under the Haitian
Refugee Immigration Fairness Act of 1998.

Section 420B. Affidavits of Support

This section changes the affidavit of support requirements to require sponsors to provide support
at 100% of poverty level instead of 125% of poverty level.

Section 420C. Retaining Workers Subject to Green Card Backlog

This section allows workers who are eligible for adjustment of status to permanent residence but
for whom a visa number is not currently available to apply for adjustment. The application is not
approved until the visa number is available. Employment authorization documents shall be
issued in three-year increments.

Section 420D. Return of Talent Program

Permits eligible aliens to return to their country of origin for two years if their home country
needs talent to help rebuild after a natural disaster or conflict.

Chapter 2. Uniting Families Act

This Chapter incorporates H.R. 2709.

Section 421. Short Title

Section 422. Definitions of Permanent Partner and Permanent Partnership

This section defines “permanent partner” and “permanent partnership” as terms of art for
inclusion in the INA. This section expands the definition of “child” under the INA to ensure that
the biological and/or adopted children of an alien permanent partner can apply to adjust status,
consistent with how the INA governs “stepchildren.” This section also expands the definition of
derivative status to extends derivative nonimmigrant visa eligibility to “permanent partners” and
the children in the following nonimmigrant visa categories: “E,” “F(ii)”, “G(i)”, “G(ii)”,
“G(iii)”; “G(iv)”; “G(v)”; “H(iii)”, “I”, “J”, “K”; “L”, “M(ii)”, “O(iii)”, “P(iv)”, “Q(ii)(II)”, “R”,
“S”, “T(ii)(I)”, “T(ii)(II)”; “U(ii)(I)”, “U(ii)(II)”, ” and “V”.

Section 423. Availability of Immigrant Visas for Permanent Partners

Worldwide Level of Immigration: This section modifies the definition of “immediate relatives”
to include “permanent partners” and their children, and extends self-petition rights for widowed
“permanent partners” to the extent they would be available to widows or widowers.

Numerical Limitations on Individual Foreign States: This section amends per-country immigrant
visa quotas such that the “permanent partners” and the children of Lawful Permanent Residents
(hereinafter “LPR”) and unmarried sons and daughters will be subject to the appropriate

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corresponding immigrant visa preference allocations (floors and ceilings), consistent with how
these quotas are calculated for LPR spouses, children and unmarried sons and daughters. This
section also amends immigrant visa chargeability rules to attribute permanent partners and their
children to the appropriate per-country immigrant visa quotas consistent with how these quotas
are determined for spouses and their children.

Allocation of Immigrant Visas: This section amends family-based immigrant visa preference
allocation such that the “permanent partners” and unmarried sons and daughters of LPRs (or
those sons and daughters not having a “permanent partnership”) are allotted from the same
immigrant visa preference category as the spouses and unmarried sons and daughters of LPRs. It
amends family-based immigrant visa preference allocation to treat sons and daughters with
“permanent partners” the same as married sons and daughters of USCs for immigrant visa
allocation. It excludes “permanent partners” from being counted as employees for purposes of
meeting the employment creation immigrant visa standard of creating full-time employment for
at least 10 USCs, LPRs or lawfully authorized immigrants. It accords “permanent partners” the
same status and the same order of consideration if accompanying or following to join a
“permanent partner” immigrating under family, employment or diversity program preferences,
consistent with spouses under the INA.

Section 423A. Procedure for Granting Immigrant Status

Subpart (a) of this section extends certain self-petition immigrant rights to “permanent partners”
and children that are widows, widowers, victims of bigamists or extreme cruelty, consistent with
self-petition rights for spouses under the INA. Subpart (b) of this section prevents immigrant
visas from being accorded to “permanent partners” who fraudulently marry to evade immigration
laws, consistent with spouses who enter sham marriages.

Section 424. Admission of Refugees and Asylees

This section extends the Attorney General’s discretion to admit the “permanent partners” of
refugees to the U.S. or to revoke their refugee status, consistent with the right to admit refugees’
spouses, or revoke their status. It extends asylee status to “permanent partners” and their
children, consistent with how spouses and the children of asylees are recognized under the INA.
It grants the Secretary of Homeland Security or Attorney General discretion to adjust the status
of the “permanent partners” and children of asylees, consistent with how spouses and children of
asylees are treated under the INA.

Section 425. Inadmissible and Deportable Aliens

This section includes permanent partners in the exception for exclusion of aliens who were
Communists or members of other totalitarian parties, consistent with the exception available to
spouses of USCs or LPRs under the INA. It also permits permanent partners of USCs and their
children to adjust status as “immediate relatives,” provided they meet the definition of
“permanent partnership” as defined under this bill. This section extends an exception to
“permanent partners” who “knowingly have encouraged, induced, assisted, abetted, or aided any

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other alien to enter or to try to enter the U.S.” consistent with the exception already available to
immediate relatives, and it extends a discretionary “extreme hardship” waiver to permanent
partners, sons or daughters, who have been unlawfully present, consistent with the waiver
already available to spouses, sons or daughters of USCs or LPRs under the INA. Subpart (b) of
this section extends discretionary waivers to “permanent partners” and their children that
smuggled immediate relatives or committed immigration document fraud, consistent with
waivers available to immediate relatives under the INA. Subparts (c-e) of this section extends
discretionary waivers to “permanent partners” who are ineligible to adjust status because they
pose a risk to national health, have committed certain crimes (including misrepresentation)
consistent with waivers available to spouses, unmarried sons or daughters under the INA.
Subpart (f) provides the basis to remove “permanent partners” that failed to comply with
conditional residence, committed “smuggling,” or committed permanent partnership fraud.

Section 426. Nonimmigrant and Conditional Permanent Resident Status

This section grants nonimmigrant status for permanent partners awaiting the availability of an
immigrant visa. It also grant “conditional permanent residence” to “permanent partners,” sons or
daughters if a “permanent partnership” is less than 24 months at the time the alien “permanent
partner,” son or daughter becomes a permanent resident, consistent with how “conditional
permanent residence” is conferred on spouses, sons or daughters under the INA. It
This section accords derivative conditional LPR status to the “permanent partners” of alien
entrepreneurs, consistent with the same rights and restrictions of spouses of alien entrepreneurs.

Section 427. Removal, Cancellation of Removal, and Adjustment of Status

Removal Proceedings: This section includes “permanent partners” in the battered spouse
exception for non-timely filed motions in removal proceedings, consistent with the exception
available to battered spouses under the INA. This section also includes “permanent partners” in
the definition for “exceptional circumstances” under the removability provision.

Cancellation of Removal and Adjustment of Status: The bill adds “permanent partners” to the list
of qualifying relationships eligible for the cancellation of removal defense to removability for
extreme hardship or extreme cruelty.

Section 428. Application of Criminal Penalties for Misrepresentation and Concealment of

Facts Regarding Permanent Partnership
This section provides a basis for punishing “permanent partners” that engage in fraudulent
“permanent partnerships” to evade immigration laws, consistent with the punishment proscribed
for marriage fraud.

Section 429. Naturalization Requirements

This section provides certain naturalization residency exceptions to “permanent partners,”
consistent with those available to spouses and dependent unmarried sons and daughters. This
section allows permanent partners to naturalize three years after gaining lawful permanent

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residence (instead of five years), if they are in a “permanent partnership” with a U.S. citizen, and
provides the same exceptions to naturalization residency requirements for “permanent partners”
of certain U.S. citizens, consistent with the rights and exceptions already available to spouses
under the INA.

Section 430. Application of Family Unity Provisions to Other Laws

This section adds “permanent partners” to allow them to benefit from the LIFE Act’s family
unity provisions

The section includes “permanent partners” in the list of individuals who are eligible for LPR
status under the Cuban Adjustment Act, have the right to self-petition for legal status, provided
certain conditions have been met, or if they have been battered or subject to extreme cruelty by
their permanent partner.

Chapter 3. Reforms to Specific Employment-Based Visa Categories

Subchapter A. Reforms to the EB-5 Program

Section 431. EB-5 Regional Center Program Fees

The EB-5 visa program grants visas to aliens who engage in commercial activity that benefit the
U.S. economy and create U.S. jobs. This section imposes an additional $2,500 fee to apply for
designation as a regional center. It also establishes a new Treasury account called the
“Immigrant Entrepreneur Regional Center Account.” This section allows alien investors to
guarantee the processing of their EB-5 visa within 60 days by paying an additional $2,500 fee.

Section 432. Adjustment of Status

This section states that EB-5 immigrant visa holders are eligible to adjust their status under INA
245. If, at the time a petition is filed for classification through a regional center under section
203(b)(5), approval of the petition would make a visa immediately available to the alien
beneficiary, the alien beneficiary’s adjustment application under this section shall be considered
to be properly filed whether the application is submitted concurrently with, or subsequent to, the
visa petition.

Section 433. Set-Aside Programs

Improved Set-Aside for Targeted Employment Areas: This section amends INA Section
203(b)(5)(B) to redefine “Targeted Employment Area” as (1) a rural area, (2) an area that has
experienced high unemployment (of at least 150 percent of the national average rate), (3) a
county that has had a 20 percent or more decrease in population since 1970, (4) an area that is
within the boundaries established for purposes of a State or Federal economic development
incentive program, including areas defined as Enterprise Zones, Renewal Communities and
Empowerment Zones, or (5) an area designated by a State agency to which the Governor has
delegated the authority to designate targeted employment areas within the State.

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Set-Aside of Visas for Regional Center Program: Aliens may invest in USCIS-approved regional
centers. This section increases the number of regional centers from 3,000 to 10,000.

Section 434. Expansion of EB-5 Program

EB-5 Extension: EB-5 visa holders, their spouses, and children may receive conditional
permanent resident status and then apply to have the conditional status removed. This section
amends INA 216A(d)(2) to allow them to extend by two years the time permitted to file a
petition to remove conditional status.

EB-5 Program Study: The DHS Secretary will conduct a study on (1) current job creation
counting methodology and initial projections under INA Section 203(b)(5) and on (2) how best
to promote the employment creation program described in such section overseas to potential
immigrant investors.

EB-5 Full-Time Equivalents: To qualify for an EB-5 visa, aliens must create 10 full-time jobs.
This section amends INA 203(b)(5)(A)(ii) to permit EB-5 visa holders to create full-time or full-
time equivalent jobs. It defines “full-time” to mean employment in a position that requires at
least 35 hours of service per week at any time, regardless of who fills the position. “Full-time
equivalent employment” is defined as employment representing the number of full-time
employees that could have been employed if the reported number of hours worked by part-time
employees had been worked by full-time employees. This shall be calculated by dividing the
part-time hours paid by the standard number of hours for full-time employees.

Subchapter B. Adjustments to Other Select Visa Programs

Section 435. Elimination of Sunset Provisions

This section amends INA Section 101(a)(27)(C)(ii) to eliminate the September 30, 2012, sunset
provision for Special Immigrant Nonminister Religious Worker Program Act. It also amends
INA 220(c) to remove the September 30, 2012, sunset provision for the Conrad State 30
Program, which provides visa waivers for medical physicians to work in medically underserved
areas.

Section 436. Permanent Authorization of the Nonimmigrant Nurses in Health Professional

Shortage Areas Program
This section permanently authorizes the Nonimmigrant Nurses in Health Professional Shortage
Areas Program.

Section 437. Incentives for Physicians to Practice in Medically Underserved Communities

This section states that medical physicians who practice in medically underserved community are
not subject to temporary visa limitations if a state agency submits a request for exemption and
the Secretary of State recommends that the alien be exempted.

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Section 438. Student Visa Reform

This section amends INA Section 101(a)(15)(F) to expand eligibility for student visas. Foreign
students will be permitted to enter the United States with immigrant intent if they are a bona fide
student so long as they pursue a full course of study at an institution of higher education in a
field of science, technology, engineering or mathematics. This section also outlines the
requirements for off-campus work authorization for foreign students.

Section 439. Temporary Visas for Individuals from Ireland

This section creates a new nonimmigrant visa category for Irish nationals who come to the U.S.
for employment.

Section 440. S Visas

This section expands the classification for S-visas, a nonimmigrant visa category for aliens who
assist law enforcement and courts with critical information regarding criminal organizations or
enterprises. Criminal enterprises now include enterprises undertaken by a foreign government,
its agents, representatives, or officials. Additionally, the S-visa now also applies to aliens who
are “in possession of critical reliable information concerning the activities of governments or
organizations, or their agents, representatives, or officials, with respect to weapons of mass
destruction and related delivery systems, if such governments or organizations are at risk of
developing, selling, or transferring such weapons or related delivery systems” and supply such
information to U.S. government officials. S-visas are also limited to 1,000 per year.

Chapter 4. Protection of H-2B Nonimmigrants and Workers Recruited Abroad

Section 441. Definitions

Section 442. Protections for Workers Recruited Abroad

Individuals who contract for foreign labor must disclose at the time of recruitment to any worker
recruited for employment the following information about the job position: the place of
employment, compensation and other benefits, description of activities, the period of
employment, travel or transportation expense, the existence of any labor organizing activity, the
existence of any arrangement in which an individual or entity will receive a commission for
providing services to workers, the extent of compensation otherwise for injuries or deaths, any
training or education to be provided and whether the training is a condition of employment, and a
statement describing protections under this Act for workers recruited abroad. They cannot
provide false or misleading information about the above topics to any workers. The information
must be provided in writing in English and if possible the language of the worker being
recruited. Recruited workers cannot be assessed a fee for foreign labor contracting activity.
Employers must pay the cost of transporting H-2B aliens from their home residences to the place
of employment and back (or to the aliens’ next place of employment), and they cannot
discriminate against H-2B employees.

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Section 443. Enforcement Provisions

The Labor Secretary will establish a procedure for handling complaints regarding wage levels, an
employer’s failure to meet its requirements, or misrepresentation in employer application. Any
investigation must be conducted within 12 months of the filing of the complaint. The Labor
Secretary may initiate a complaint if it is believed that the employer is not in compliance. If the
Labor Secretary believes there to be a reasonable basis for finding a violation, then the Labor
Secretary will provide notice for a hearing. If – after a hearing – it is determined that there was a
violation, administrative remedies may be imposed on the employer. This includes up to
$10,000 in civil penalties, criminal sanctions, or a ban on approved H-2B petitions for that
employer for up to 5 years. This section also prohibits employers from retaliating or
discriminating against an L-1 employee for disclosing an employer’s violation of this Chapter or
for cooperating with the requirements of this Chapter.

Section 444. Transfer of Forest, Conservation, Nursery, and Logging Workers to the H-2A
Agricultural Worker Program
Any farming, fishing, or forestry occupation will be considered agricultural labor for the
purposes of employing nonimmigrants described in INA Section101(a)(15)(H)(ii)(a). Any
workers currently considered seasonal agricultural workers under the Migrant Seasonal Worker
Protection Act (29 USCS 1801 et seq.) will their simultaneous coverage by the Act.

Section 445. H-2B Nonimmigrant Labor Certification Application Fees

This section establishes an initial $800 fee for each employer that submits an H-2B petition and
an additional $300 fee per petition. After the initial year, the fee will be determined by the Labor
Secretary. Employers are prohibited from accepting reimbursement – directly or indirectly – or
any compensation for any part of the petition fee. A violation of that prohibition can result in up
to a $5,000 fine. This section also creates the “H-2B Employment Certification Application Fee
Account,” in which the fees and penalties will be deposited.

Section 446. Labor Agreement Provisions

Recruitment of U.S. Workers: Subsection (a) of this section requires any employer seeking to
petition for an H-2B worker to first recruit U.S. workers for the position. Each employer must
submit a job description to the relevant state employment service agency for publication on the
agency’s job database website and for distribution to unemployment agencies and appropriate
recruiters. It must authorize the agency to notify labor organizations and applicable unions of the
job position. It must post the job description in conspicuous locations at the place of
employment, advertise the job availability in a publication in the relevant labor market. The
advertisement must include a job description, the wage rate, and the minimum job requirements.
It cannot advertise the job opportunity to U.S. workers using less favorable wages, conditions,
and benefits than it would give to nonimmigrant workers.

This subsection also includes a small exemption for 1,000 H-2B visas for employers who can
demonstrate that the failure to hire H-2B workers would result in job losses for U.S. workers,

43
 
   

that they cannot meet their employment needs with U.S. workers, that they have not violated
applicable employment-related laws and regulations within the past five years, and that they have
not violated a material term of any foreign worker program within the past five years.
H-2B certification is limited to a maximum of 10 months per employer. Any H-2B visa holder
will not be certified for more than five years without returning to his or her country of origin. H-
2B visa holders cannot work for any employer who does not have an approved H-2B application
filed on their behalf. Employers must offer the job to any qualified and available U.S. worker
who applies for a position 30 days prior to the beginning of the H-2B visa holder’s employment.

The Labor Secretary will publish online a list of all employers registered in the program, the
wage rate, number of H-2B visas sought, period of intended employment, and dates of need. The
Labor Secretary will audit at least 5% of H-2B employers on an annual basis and will establish a
procedure for investigating and resolving complaints related to the program. The Labor
Secretary will also establish a procedure for the receipt, investigation, and disposition of
complaints.

Labor Agreements with Unions that Operate Hiring Halls: Subsection (b) of this section
addresses hiring halls. If an employer hires an H-2B worker through a union hiring hall, the
union must attest that (1) it is a source of employees in the same or substantially equivalent
occupational classification in which the employer seeks to employ an H-2B nonimmigrant; (2) it
does not have a sufficient number of qualified applicants available for referral in similar
occupational classification in which the employer seeks to employ an H-2B nonimmigrant; (3) it
advertised the job opportunity for at least five consecutive days in the highest circulation
publication in the applicable labor market; (4) the employer is contractually obligated to pay all
similarly situated employees, in the same wages and benefits set forth in a labor agreement with
the labor organization; and (5) the H-2B worker hired will have the same terms and conditions as
found in the employer’s labor agreement with the union.

Prevailing Wage: Subsection (c) establishes the prevailing wage levels for H-2B workers

Section 447. Enforcement of Federal Labor Laws

H-2B nonagricultural guest workers: Subsection (a) of this section amends INA Section
214(c)(14) to allow H-2B workers to bring civil actions against their employers who violated
applicable laws and regulations if their wages and working conditions were directly affected by
those violations. The Legal Service Corporation may provide legal services on behalf of such
workers. Additionally, the Labor Secretary can seek appropriate remedies for employer
violations, including penalties and injunctive relief.

Certification Requirement: Subsection (b) of this section states that employers petitioning for H-
2B workers must certify, under penalty of perjury, that they have not been required under law to
provide a notice of a mass layoff pursuant to the Worker Adjustment and Retraining Notification
Act during the 12-month period immediately preceding the date on which the alien is to be hired.

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An exemption is available if the total number of the employer's employees in the United States
will not be reduced as a result of the mass layoff. If, after hiring H-2B nonimmigrants, an
employer is required to provide such notice, the authorization for those nonimmigrant workers
expires 60 days from the date of the notice. Employers will pay for or reimburse the cost of the
initial transportation to the place of employment and to return to the country or origin or to go to
the next place of employment. If an H-2B worker is dismissed before the period of
authorization, the employer will pay also pay for return transportation. Employers will guarantee
employment for 100% of total workdays in the work contract. To meet this requirement,
employers cannot require employees to work longer hours, work on the employee’s Sabbath, or
work on a federal holiday. Any agreement by the employee to waive his or her rights under this
section is void. Employees can also receive legal services from the Legal Services Corporation.

Report: Subsection (c) of this section states that any employer that hires an H-2B employee must
(1) notify the Secretary of Labor not later than 30 days after the conclusion of each such
nonimmigrant’s term of employment; and (2) submit to the Secretary of Labor employment
payroll records and similar documentation showing that the employer complied with the
recruitment provisions herein and paid the required prevailing wage and transportation, and other
expenses required under this section and section 212.

H -2B Portability: Subsection (d) amends 8 U.S.C. 1184(n) to establish that an H-2B visa holder
is authorized to accept new employment if the new employer files for a new petition
(unnecessary if an unnamed petition is already in place) or for a temporary new labor
certification.

Chapter 5. H-1B and L-1 Visa Reforms

Subchapter A. H-1B Employer Application Requirements

Section 451. Application Requirements

Modification of application requirements: Subsection (a) amends INA 212(n)(1)(C) to add a
requirement that employers who intend to file H-1B visa petitions must first advertise the job
opening online for 30 days. The job description must include the wages, terms of employment,
minimum requirements, and application process. Additionally, a petitioning employer cannot
place an H-1B visa holder at another employer’s website unless the worker is primarily
supervised by the petitioning employer and the placement is not a labor-for-hire arrangement.

New Application Requirements: Subsection (b) prohibits petitioning employers from recruiting
only potential H-1B nonimmigrants for job positions. The employer must include on its
application that it did not advertise that the position was available only to H-1B nonimmigrants
or that such immigrants would receive priority. If the employer has 50 or more employees, no
more than 50% can be H-1B workers who are not applying for permanent residency. If the
employer has more than 1 H-1B worker, it must submit a W-2 for that worker to the IRS.

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Application Review Requirements: Subsection (c) amends INA Section 212(n)(1) to ensure that
the Labor Secretary will maintain a list of applications that have been filed and publish the list on
its website. It adds language stating that the Labor Secretary will review applications for clear
indications of fraud that – if discovered – may lead to an investigation or hearing.

Subchapter B. Investigation and Disposition of Complaints Against H-1B Employers

Section 452. Investigation Procedures

General Modification of Procedures: Subsection (a) extends the time allowed for investigations –
from 12 months after a complaint to 24 months. It also states that Labor Secretary may, in
addition to conducting investigations, conduct annual compliance audits of H-1B employers and
surveys.

Investigation, Working Conditions, and Penalties: Subsection (b) increases the fines for H-1B
employer violations and adds that employers may be liable for lost wages and benefits.
Additionally, it explicitly prohibits employers from requiring an H-1B worker to pay a penalty
for quitting or for not offering an H-1B worker the same benefits and eligibility for benefits as
U.S. workers.

Initiation of Investigations: Subsection (c) amends INA Section 212(n)(2)(G) to add a notice
provision, stating that, in the case of an investigation, the Labor Secretary will notify employers
of its intent to conduct an investigation and that, if a hearing is necessary, it will notify the
parties of the hearing.

Conforming Amendment: Subsection (d) amends INA 212(n)(2) subparagraph (F) to strike “The
preceding sentence shall apply to an employer regardless of whether or not the employer is an H-
1B-dependent employer.”

Information Sharing: Subsection (e) states that the Director of United States Citizenship and
Immigration Services shall provide the Secretary of Labor with any information contained in the
materials submitted by employers of H-1B nonimmigrants as part of the adjudication process
that indicates that the employer is not complying with visa program requirements for H-1B
nonimmigrants. The Secretary may initiate and conduct an investigation and hearing under this
paragraph after receiving information of noncompliance under this subparagraph.

Subchapter C. Other Protections

Section 453. H-1B Government Authority and Requirements

Immigration Documents: Subsection (a) This amends INA Section 204 to require employers to
provide employees and beneficiaries, upon written request, with the original or certified copy of
all petitions, notices, and correspondence with the Labor Department, DHS, or any other federal
agency related to either an immigrant or nonimmigrant petition for that individual. Additionally,

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it mandates that the Comptroller General produce a report on the accuracy and effectiveness of
the Labor Secretary’s current job classification and wage determination system.

Report: Within 1 year after the date of the enactment of this Act, the Comptroller General of the
United States shall prepare a report analyzing the accuracy and effectiveness of the Secretary of
Labor’s current job classification and wage determination system.

Minor Violations: For minor violations of the requirements related to the H-1B program, the
Attorney General may impose penalties.

Online Postings: Subsection (d) requires that the Labor Secretary establish a free, public,
searchable Internet website for posting H-1B and L-1 job openings.

Section 454. H-1B and L-1 Visa Requirements

This section states that numerical limitations on H-1B visas will not apply to individuals who
have been awarded a medical specialty certification based on post-doctoral training and
experience in the U.S. It requires that when H-1B and L-1 visa holders are issued their visas,
DHS will provide them with a brochure outlining their rights and their employers’ obligations
under federal law, the contact information for relevant federal agencies, and a copy of the
application submitted for them.

Section 455. Additional Department of Labor Employees

This section authorizes the hiring of 200 additional employees to administer, oversee,
investigate, and enforce programs involving H-1B nonimmigrant employees.

Section 456. L-1 Employer Petition Requirements

Employment at New Offices: If an L-1 nonimmigrant visa holder will be working at a new
office, the L-1 petition may be approved for up to 12 months if the alien has not been the
beneficiary of 2 or more such petitions in the past 2 years and if the employer has an adequate
business plan, sufficient physical premises, and the financial ability to begin business
immediately. This section also outlines the requirements for any extension requests and
submission of information about the new office’s business, staffing, and financial status.

Cooperation with Secretary of State: Under subsection (b), DHS will cooperate with the
Secretary of State to verify the existence of a company or office in the U.S. or in a foreign
country.

Investigation and Disposition of Complaints: Subsection (c) amends INA Section 214(c)(2) to
state that DHS can investigate L-1 employers for compliance if it receives credible information
from a source likely to have knowledge of an employer’s practice or employment conditions.
The DHS Secretary will develop a complaint procedure. Before beginning an investigation,
detailed notice will be provided to the employer. Upon a determination that the employer has
not complied with its requirements, DHS will provide notice of a hearing. If after a hearing,

47
 
   

DHS determines that the employer violated its requirements, a penalty will be imposed.
Additionally, DHS can conduct surveys of employer compliance and conduct an annual
compliance audit.

Wage Rate and Working Conditions for L-1 Nonimmigrants: Subsection (d) employers of one or
more L-1 visa holders to file a W-2 to the IRS for such employees. Additionally, it prohibits
employers from requiring L-1 visa holders to pay a penalty for quitting or from failing to offer L-
1 visa holders the same benefits and opportunity for benefits that it offers U.S. workers.

Penalties: Subsection (e) increases the fines for employer violations.

Prohibition on Retaliation against L-1 Nonimmigrants: Subsection (f) prohibits employers from
retaliating or discriminating against an L-1 employee for disclosing an employer’s violation of
this Chapter or for cooperating with the requirements of this Chapter.

Section 457. Application

Except as specifically otherwise provided, the amendments made by this section and subchapter
C shall apply to applications filed on or after the date of the enactment of this Act.

Section 458. Report on L-1 Blanket Process

DHS will submit to Congress a report on the use of blanket petitions under INA Section
214(c)(2)(A).

Chapter 6. Miscellaneous Employment Visa Reforms

Section 461. Providing Premium Processing of Employment-Based Visa Petitions

This section authorizes the creation of a premium processing program for employment-based
visa petitions and administrative appeals.

Section 462. Visa Revalidation

This section permits nonimmigrant visa holders under 101(a)(15) subparagraphs (E), (H), (I),
(L), (O), or (P) to apply for visa renewals within the U.S. if (1) the visa is valid or has been
expired for less than a year, (2) the alien is seeking the same type of visa, and (3) the alien has
complied with all U.S. immigration laws and regulations.

Section 463. Application Fees for Intending Immigrants

This section removes the P.L. 111-230 $2,250 filing fees for certain H-visa and L-visa applicants
if the applicant is an “intending immigrant” who intends to work and resident permanently in the
U.S. and has a pending or approved INA 212(a)(5)(A) petition or INA 203(b) subparagraph (1),
(2), or (3) petition.

Section 464. E-1 , E-2 Visas, and L-1 Visas

This section amends the E visa nonimmigrant visa categories. This section adds an E-3 visa

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category for individuals employed in an enterprise owned at least 50% by nationals of the treaty
country and, for E-2 enterprises, is an enterprise in which treaty country nationals have invested,
or are actively in the process of investing, a substantial amount of capital. This section also
ensures that small companies are not penalized in the determination of L-1 visa approvals.

Section 465. Time Limits for Nonimmigrants to Depart the United States
Aliens who are no longer employed by the petitioning employer are granted an additional 60
days to either depart the U.S. or apply for a change or extension of status. This applies to the
aliens’ spouse and children as well.

Chapter 7. POWER Act

Section 471. Short Title

This chapter may be cited as the“ Protect Our Workers from Exploitation and Retaliation Act” or
the “POWER Act.”

Section 472. Victims of Serious Labor and Employment Violations or Crime

This section expands the U-visa category for aliens who are victims of crimes. INA Section
101(a)(15)(U)(i)(II) is amended to also apply to aliens who are victims of certain workplace
labor and employment violations. Section 101(a)(15)(U)(i)(III) now also applies to aliens who
are helpful to the Department of Homeland Security, to the Equal Employment Opportunity
Commission, to the Department of Labor, to the National Labor Relations Board. This section
also creates a temporary protection category for victims of serious labor and employment
violations or crime.

Section 473. Labor Enforcement Actions

This section includes retaliation against a nonimmigrant employee as one of the instances in
which a certification of compliance with restrictions on disclosure applies. This section also
amends INA Section 274A that any aliens arrested in workplace enforcement actions who are
necessary for investigating workplace claims of criminal activity are not removed until DHS
consults with the law enforcement agency conducting that investigation. Additionally, victims of
crime, labor, and employment violations who are in removal proceedings are entitled to a stay of
removal until the resolution of the workplace claim or the denial of their U-visa application.

Section 474. Authorization of Appropriations

Chapter 8. Agricultural Job Opportunities, Benefits and Society

Section 475. Short Title

This chapter may be cited as the “Agricultural Job Opportunities, Benefits, and Security Act of
2010” or the “AgJOBS Act of 2010.”

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Subchapter A. Blue Card Status

This subchapter establishes a program whereby aliens who can demonstrate a substantial past
commitment to agricultural work in the U.S. are provided an opportunity to adjust their status to
that of an alien in “blue card” status and, if they meet the program’s prospective agricultural
work requirements and other criteria, adjust their status to that of a lawful permanent resident
alien.

Section 476. Requirements for Blue Card Status

Prior Agricultural Work Requirements: To be eligible to adjust to blue card status, an alien must
demonstrate that he or she performed agricultural employment in the U.S. for at least 863 hours
or 150 work days during the 24-month period ending on December 31, 2008. “Work day” is
defined as 5.75 or more hours of agricultural employment. Aliens are provided with an 18-
month application period beginning on the first day of the seventh month that begins after the
date of enactment. To be eligible for blue card status, an alien must be otherwise admissible
under the INA and cannot have been convicted of any felony or a misdemeanor, an element of
which involves bodily injury, threat to bodily injury, or harm to property in access of $500.

Authorized Travel and Employment: Aliens who adjust to blue card status are granted
employment authorization to work for any employer, as long as they satisfy the prospective
agricultural work requirements of Section 103. They are permitted to travel abroad and reenter
the United States.

Termination of Blue Card Status: Aliens shall be terminated from blue card status if they
achieved such status through fraud, committed acts or crimes that make them inadmissible or fail
to satisfy the prospective agricultural work requirements.

Record of Employment: Each employer of a worker in blue card status must provide a written
record of employment to the worker and the Security of the Department of Homeland Security.

Required Features of Identity Card: Blue card holders and their spouses and children must
receive a card with biometric identifiers and with security features designed to prevent
counterfeiting.

Fine: An alien granted blue card status shall pay a $100 fine.

Maximum Number of Blue Cards: The number of blue cards issued during the 5-year period
beginning on the date of enactment shall not exceed 1,350,000.

Treatment of Aliens Granted Blue Card Status: Except as otherwise provided under current law,
an alien granted blue card status is not eligible by reason of such status for any form of assistance
or benefit described in PRWORA, 8 U.S.C. 1613(a) until 5 years after the date on which the
alien adjusts to permanent resident status. Adjusted aliens may not be terminated from

50
 
   

employment except for just cause. In the case of complaints of improper termination, a worker
can be credited with the days of work lost by providing in his or her application to adjust his
status that the hours lost were because he was fired without just cause and that he made a
reasonable effort to find another job. If the alien proved these two requirements, the alien is
credited with the days of work lost, similar to when a worker proves he was sick.

Section 477. Application for Blue Card Status

Submission of Applications: Applications for blue card status may be filed directly with the
Secretary by the alien through an attorney or qualified organization, or through a qualified
designated entity. Applications for adjustment of status to permanent resident status are filed
directly with the DHS Secretary.

Proof of Eligibility for Blue Card and Permanent Resident Status: Applicants may establish
eligibility for blue and permanent resident status through government employment records or
records provided by employers, collective bargaining organizations and other reliable
documentation provided by the alien.

Burden of Proof: Applicants have the responsibility of proving by the preponderance of the
evidence that they have worked the requisite work days and hours required to meet the criteria
for adjustment to blue card and lawful permanent resident status.

Limitation on Access to Information: Files and records collected or compiled by a qualified

designated entity for the purposes of this section are confidential and the Secretary shall not have
access to such a file or record relating to an alien without the consent of the alien, except as
allowed by a court order issued pursuant to confidentiality requirements.

Confidentiality of Information: Officials of the government may not use information provided in
an application by an applicant or an employer for any purpose other than to make a
determination on the application.

Penalties for False Statements in Applications: If a person files an application for a blue card or
for permanent resident status and knowingly and willfully provides false information or provides
a false document, the individual is subject to criminal prosecution and, if convicted, is
inadmissible under the INA.

Legal Services Assistance for the Filing of an Application: A recipient of funds from the Legal
Services Corporation may provide assistance directly related to filing an application for blue card
or permanent resident status.

Application Fees: The DHS Secretary may set a schedule of fees to be charged to individuals
applying for blue card and permanent resident status. Such fees may be used by DHS to pay its
cost of processing such applications.

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Section 478. Adjustment to Permanent Residence

Qualifying Employment: Aliens in blue card status may apply for adjustment to lawful
permanent resident status if they can provide that they: (1) performed at least 5 years of
agricultural employment for at least 100 work days per year during the 5-year period beginning
on the date of enactment; (2) or performed at least 3 years agricultural employment for at least
150 work days per year during the 3-yaer period beginning on the date of enactment; or (3)
during the 4-year period beginning on the date of enactment worked at least 150 work days
during 3 years and 100 work days during the remaining year. The period to establish qualifying
employment may be extended up to 12 months if the alien can prove through medical and other
records that illness, injury, pregnancy, severe weather conditions, or if the alien was terminated
without just cause and the alien made a reasonable effort to find another job, prevented him or
her from engaging in employment for a significant period of time. Proof of qualifying
employment is provided by employer records filed with DHS under Section 101 or other specific
records.

Grounds for Denial of Permanent Resident Status: Aliens who commit fraud or willful
misrepresentation on applications for adjustment, or who have committed an act which makes
them inadmissible under the INA, or commit a felony or 3 misdemeanors, or is convicted of an
offense which involves bodily, a threat of bodily injury or harm to property in excess of $500 are
denied adjustment to lawful permanent resident status.

Grounds for Removal: Aliens in blue card status who do not apply for permanent resident status
before the expiration of the application period or who fail to meet the prospective work
requirement by the end of the application period are deportable and shall be removed.

Payment of Taxes: An alien must establish no later than the date of adjustment to permanent
resident status that he or she does not have any federal tax liability for any year during the 5-year
period beginning on the date of enactment during which the alien is required to satisfy his or her
prospective work obligation.

Spouses and Minor Children: Spouses and minor children of blue card aliens who adjust to
permanent resident status may obtain such status upon applying for it or if the principal alien
included them within his or her application for such status.

Section 479. Other Provisions

Waiver of Numerical Limitations and Certain Grounds for Inadmissibility: Numerical
limitations in the INA on the admission of permanent resident aliens do not apply to aliens
adjusted under this program. A limited number of grounds for exclusion are also waived. Aliens
who file a non-frivolous application for blue card status prior to or during the application period
may not be removed and may be granted work authorization in the U.S. until a final
determination on the application has been made.

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Administrative and Judicial Review: A single level of administrative appellate review is

provided for determinations of eligibility for blue card and permanent resident status. Judicial
review is limited to orders of removal.

Use of Information: Information on the benefits and eligibility requirements of the blue card
program shall be broadly disseminated by the DHS Secretary and qualified designated entities no
later than the first day of the application period.

Regulations, Effective Date, and Funding: Regulations for the program must be promulgated no
later than 7 months after the date of enactment. This section shall take effect on the date
regulations are issued – on an interim basis or otherwise. Funding necessary to implement this
Subtitle is authorized.

Section 480. Correction of Social Security Records

Social Security records reflecting the employment of aliens prior to their adjustment to blue card
status must be corrected.

Subchapter B. Reforms of H-2A Worker Program

Section 480. Amendment to the Immigration and Nationality Act

This subchapter reforms the existing H-2A program for the temporary admission of alien
agricultural workers by replacing the existing INA Section 218 with the following new Sections
218, 218A, 218B, 218C, and 218D.

Section 218. Applications to the Secretary of Labor

This section provides that employers desiring to employ H-2A aliens must first file an
application with the Labor Secretary and a copy of a job offer, including a job description, wage
level, and minimum requirements. If the application meets the program requirements and there
are not obvious deficiencies, it must be accepted by the Labor Secretary. Applications may be
filed by individual employers or by associations on behalf of their employee members.

The application must include the following assurances: (1) that the collective bargaining
representative has been notified of the application if the job opportunities for which the
application is filed are covered by a collective bargaining agreement; (2) that the job is not due
to a strike or lock out; (3) that the position is not for a temporary or seasonal job (maximum
duration of 10 months); (4) that the employer has offered or will offer the job to eligible and
qualified U.S. workers who applied; and (5) that the employer will provide insurance covering
work-related injury and disease if the job opportunity is not covered by the state workers’
compensation law.

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If the job opportunity is not covered by a collective bargaining agreement, the application must
also assure (1) minimum wages, benefits and working conditions required in Section 218A, (2)
the non-displacement of U.S. workers, and (3) the recruitment of U.S. workers.

Section 218A. H-2A Employment Requirements

This section lists the required wages, benefits, and terms and conditions of employment for H-2A
employers. Preferential treatment for alien workers is prohibited.

Housing: H-2A workers from outside normal commuting distance must be provided with
housing that meets federal farm labor camps standards or with rental or public accommodation
housing that meets applicable standards. Such housing will be provided at no cost to the worker.
In lieu of providing housing, the employer may provide a monetary housing allowance
comparable to the HUD Section 8 housing allowance - but only if the state governor has certified
to the Labor Secretary that there is sufficient housing in the area for seasonal agricultural
workers.

Transportation: H-2A workers who live outside normal commuting distance must be reimbursed
for reasonable costs for transportation to the job and for subsistence. This transportation
allowance is provided to workers who complete 50% of the employment period. Return
transportation is also reimbursed for workers who complete 100% of the employment period.

Wages: H-2A workers are required to be paid the highest of the federal, state, or local statutory
minimum wage, the prevailing wage for the occupation in the area of intended employment or
the applicable Adverse Effect Wage Rate (AEWR). The AEWR may not be greater than the
applicable AEWR on January 1, 2009. If Congress fails to set a new wage standard for H-2A
workers within three years of the date of enactment, subsequent AEWRs will be annually
indexed by the percentage change in the Consumer Price Index, with a maximum adjustment of 4
percent annually. During the three years after enactment, the General Accounting Office will
conduct a study on the H-2A wage standard and submit a report to Congress. A Congressional
commission is also appointed to conduct a study on the topic and make recommendations to
Congress.

Guarantee of Employment: H-2A workers are guaranteed employment for a minimum of three-
quarters of the period of employment for which they were recruited.

Motor vehicle Safety: Motor vehicle safety and insurance standards are required for vehicles and
drivers used to transport H-2A agricultural workers. These standards are the same as those
prescribed by the Labor Secretary under the Migrant and Seasonal Agricultural Worker
Protection Act and other federal and state safety standards.

Compliance with Laws: H-2A employers must assure compliance with all applicable federal,
state, and local labor laws. However, a violation of this Section does not constitute a violation of
the Migrant and Seasonal Agricultural Worker Protection Act.

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Section 218B. Procedure for Admission and Extension of Stay of H-2A Workers
Petition to DHS for admission of aliens: Employers with valid labor certifications from the
Secretary of Labor may petition the DHS Secretary for approval for the admission of aliens to
perform work described on the labor certification, or for the extension of stay of H-2A aliens
already in the U.S. who are completing a prior period of authorized H-2A employment. DHS is
required to adjudicate the petition within 7 working days.

Admissible Aliens: Aliens are eligible for admission at H-2A workers if they are otherwise
eligible for admission under the INA and if they have not violated the terms of the H-2A
program in the past five years. The debarment provision for unlawful presence in the present
INA is waived on a one-time basis for aliens seeking admission as H-2A workers.

Extension of Stay of Aliens: H-2A aliens are admitted or extended for the period of employment
for an approved labor application not to exceed 10 months. Employers may petition to extend
the stay of H-2A aliens for a maximum three years’ continuous stay in the U.S. as an H-2A alien.
After three consecutive years, the alien must depart the U.S. Before an alien is eligible to be
readmitted an H-2A worker, he or she remain outside of the country for at a period of at least
one-fifth of the time the alien was previously in the U.S. as an H-2A alien.

Abandonment of Employment by Aliens: Aliens who abandon their employment are required to
immediately depart the U.S. and are subject to removal. Employers must report abandonments
and early terminations to the DHS Secretary. An employer can replace an alien who abandons
employment or who is terminated for a lawful job-related reason.

Counterfeit Resistant Documents: H-2A aliens must be provided with a counterfeit resistant
identity and employment authorization document.

Special Rules: Special rules are provided for aliens employed as sheepherders, goat herders, or
dairy workers. Such workers may be admitted for an initial period of up to 12 months, and they
may have the initial period extended for up to 3 years. Upon completion of a cumulative total of
36 months in such work, the alien, or an employer on the alien’s behalf, may apply for
adjustment to permanent resident status. The stay of an alien with a pending application for final
residence may be extended by the Secretary in 1-year increments until a final determination is
made.

Section 218C. Worker Protection and Labor Standards Enforcement

Administrative Enforcement of Program Requirements by the Secretary of Labor: This section
requires the Labor Secretary to establish a process for the receipt, investigation, and disposition
of complaints about an employer’s failure to meet the conditions of employment specified in
Section 218. Complaints may be filed by any aggrieved person or organization no later than 12
months after the alleged failure to comply. If the Labor Secretary finds that a violation has
occurred, the employer may be required to pay back pay and civil monetary penalties. The
Labor Secretary will also notify the DHS Secretary of such violations, and the DHS Secretary

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may debar the employer from the program for one year. Additional civil monetary penalties and
a 2-year debarment may be imposed on employers who commit willful noncompliance or
misrepresentation on an H-2A application.

Private right of Federal Action and Required Mediation: H-2A aliens are provided with a private
right of action regarding the housing, transportation, wage, employment guarantee, motor vehicle
safety provisions and discrimination provisions of Section 218, as well as the written promises
contained in the employer’s job offer. Mediation of the complaint is required, if any party
requests it, before a lawsuit may proceed. Workers’ compensation benefits are the exclusive
remedy for losses covered by workers’ compensation. Discrimination against a worker who files
a complaint or cooperates in an investigation or proceeding in connection with a complaint is
prohibited.

Liability of Associations and Association Members for Program Violations: Provisions of

current law apply to associations and members of associations employing workers in H-2A
certified occupations who commit violations.

Section 218D. Definitions

Subchapter C. Miscellaneous Provisions

Section 481. Determination and Use of User Fees

The Secretary is authorized to establish fees applicable to employers applying for certification to
employ H-2A aliens to cover the actual direct costs of operating the H-2A program.

Section 482. Rulemaking

Regulations of the Labor Secretary, the DHS Secretary, and the Secretary of State shall be issued
no later than one year after the date of enactment.

Section 483. Report to Congress

No later than September 30 of each year, the Secretary will report to Congress with information
compiled during the previous year regarding the use and operation of the H-2A program, as well
as the number of workers who applied and were adjusted to blue card and permanent resident
status. No later than 180 days after the date of enactment, the Secretary will report to Congress
regarding steps taken to implement the program.

Section 484. Effective Date

Section 481 and the amendments made by Section 480 shall take effect 1 year after the date of
the enactment of this Act.

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Title V. Registration of Undocumented Individuals

Subtitle A. Lawful Prospective Immigrant Status

Section 501. Lawful Prospective Immigrant Status

This section creates the Lawful Prospective Immigrant (LPI) status category to require aliens to
register who are physically present in the U.S., who remained continuously present in the U.S.
from September 30, 2010 to the date they are granted status, and who are not inadmissible.

(b)(2) Grounds of Ineligibility: An alien is ineligible for LPI status based on the following
grounds:

• Conviction for any offense under Federal or State law punishable with a maximum term
of imprisonment of more than one year;

• Conviction for an aggravated felony; domestic violence, stalking, or child abuse; or has
violated a protection order;

• Having ordered, incited, assisted, or otherwise participated in the persecution of any

person on account of race, religion, nationality, membership in a particular social group,
or political opinion;

• Illegal entrance into the U.S. after September 30, 2010;

• Other lawful status (i.e., LPR, asylee, nonimmigrant visa, paroled to assist in government
proceedings, paroled into the Mariana Islands).

(b)(3) Grounds of Inadmissibility: Additionally, in determining inadmissibility:

• Section 212(a)(5) of the Act doesn’t apply, and paragraphs (6)(A), (6)(B), (6)(C), (6)(D),
(6)(F), (6)(G), (7), (9), and (10)(B) of section 212(a) of the Act don’t apply in regard to
conduct or unlawful presence occurring before the date of application

• The Secretary may not waive INA 212(a)(2) subparagraphs (B), (C), (D)(ii), (E), (H), (I),
or (J) (relating to criminals); INA 212(2)(a)(3) (relating to security and related grounds);
INA 212(a)(10) subparagraphs (A), (C), or (D) (relating to polygamists and child
abductors); or INA 212(a) (6)(A)(i) (relating to entries without inspection) with respect to
any entries occurring on or after this Act’s enactment.

• The Secretary has discretion to waive the application of other provisions of section
212(a) of the Act not listed above on behalf of an individual alien for humanitarian
purposes, to ensure family unity, or if such waiver is otherwise in the public interest.

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Application Procedures:

• The DHS Secretary will prescribe by interim final rule published in the Federal Register
the procedure for aliens to apply for LPI status, the procedure for aliens granted LPI
status to petition for their spouses or dependents, and the evidence to demonstrate
eligibility for the status. The Secretary of State will prescribe by regulation in the Federal
Register the procedure for aliens overseas who are beneficiaries of petitions to apply for
visas or other documentation necessary for travel to the U.S. and the evidence required to
establish eligibility for that documentation.

• Applications for LPI status can be filed during the one-year period beginning the October
1st after this Act’s enactment. The Secretary has discretion to extend that period by up to
6 months.

• Aliens who are apprehended between the date of this Act’s enactment and the beginning
of the filing period who can establish prima facie evidence that they are eligible for LPI
status will have the opportunity to file an application.

• Aliens who are in removal, deportation, or exclusion proceedings between the date of this
Act’s enactment or the end of the filing period will have the opportunity to apply for LPI
status and having the proceedings terminated.

• Aliens who are in the U.S. and have been ordered excluded, deported, or removed or
ordered to depart voluntarily may apply for LPI status (notwithstanding INA Section
241(a)(5)) and do not have to required a separate motion to reopen, reconsider, or vacate.

• All applicants must submit biometric and biographical data and undergo background
security and law enforcement check. In addition to fees, applicants over 21 filing an
initial application for the first extension of the initial period must pay a $500 penalty.

• The applicant has the burden of proof for establishing eligibility. If an individual’s
application is denied, all subsequent applications will be denied as well. Individuals who
do not submit requested information will have their applications denied; however, they
can still file a new application.

Evidence of Status: Individuals granted LPI status will be issued machine-readable, tamper-
resistant documentation of their status that includes a digitized photograph and biometric
identifiers. This document can serve as a valid travel and entry document and as a valid work
authorization document.

Lawful Prospective Immigrant Dependents: The spouse and children (as defined in INA
101(a0(35) and 101(b)(1), respectively) of Lawful Prospective Immigrants may also receive LPI
status following the approval of a petition for such status.

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Terms and Conditions of Lawful Prospective Immigrant Status:

• While their applications for LPI status is pending, aliens may receive advance parole for
urgent humanitarian reasons, may not be detained unless it is determined that they are
ineligible for the status under subsection (b)(2), inadmissible under subsection (b)(1)(B),
or removable under INA 237(a)(2)(A)(iii) or INA 237(a)(2)(E)(i) or (ii). Aliens
suspected of being ineligible, inadmissible, or removable for those reasons may be
detained for up to 48 hours. Additionally, employed aliens with pending LPI applications
may continue work.

• Lawful Prospective Immigrants will be granted employment authorization, and they may
travel outside of the U.S. for a period of less than six months and be readmitted if they
have adequate documentation of their status and if they can establish that they are not
inadmissible under INA 235 unless permitted by subsection (b)(3). They may not be
detained unless DHS determines that they are ineligible, inadmissible, or removable or if
their status has expired or been revoked. Lawful Prospective Immigrants are required to
undergo medical observation and examination.

• The initial period of authorized admission will be at most four years from the date the
status was granted. The Secretary has discretion to confer a shorter period for subsets of
Lawful Prospective Immigrants. Individuals can file for an extension (no greater than 11
years after the date of this Act’s enactment). To be eligible for an extension, individuals
must continue to demonstrate their eligibility for LPI status. Applications for extensions
must be filed before previously authorized LPI status has expired, and applicants for
extensions must undergo renewed security and law enforcement background checks.
Denial of an extension is the equivalent of a revocation of LPI status.

• The DHS Secretary can revoke LPI status at any time before the alien becomes a lawful
permanent resident if the alien becomes inadmissible or ineligible for the status, knowing
uses documentation for unlawful or fraudulent purposes, or was absent from the U.S. for
more than six months at a time since being granted LPI status.

Dissemination of Information: DHS will broadly disseminate information on the new LPI status
in the top five principal languages spoken by aliens who qualify for the status.

Section 502. Adjustment of Status for Lawful Prospective Immigrants

This section outlines the requirements and procedures for aliens with Lawful Prospective
Immigrant status to adjust to permanent resident status. Aliens must continue to meet the same
eligibility and inadmissibility requirements for the respective Lawful Prospective Immigrant and
Lawful Prospective Immigrant Dependent status.

In addition, this section provides for additional requirements. Lawful Prospective Immigrants
over the age of 14 must demonstrate basic citizenship and English skills, pay their taxes,

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maintain a continuous physical presence in the U.S. and register for Military Selective Service if
eligible. The “back of the line” provision states that applicants will not be granted permanent
resident status for at least either eight years after applying or 30 days after immigrant visas are
available for all approved petitions filed under INA Section 201 or 203 and filed before the date
of this Act’s enactment. Additionally, applicants must wait at least six years after being granted
Lawful Prospective Immigrant status to apply for permanent resident status. In addition to
paying processing fees, applicants over the age of 21 must also pay a $1,000 penalty. Applicants
must undergo an interview and security and law enforcement background checks as well.
Individuals who are granted permanent resident status under this section will not be eligible for
federal means-tested public benefits unless they meet the eligibility criteria under 8 U.S.C. 1601
et seq.

Section 503. Administrative Review, Removal Proceedings, and Judicial Review for Aliens
Who Have Applied for Lawful Prospective Immigrant Status
This section addresses the review process and removal proceedings procedures for aliens who
applied for Lawful Prospective Immigrant Status.

Administrative Review: There will be a single level of administrative appellate review for LPI
status determinations under Section 501, petitions for LPI dependent status, and adjustment of
status determinations under Section 502. Individuals whose applications were denied or revoked
can file only one appeal. Any removal proceedings will be stayed pending administrative review
under this section, except for removal for criminal or national security grounds. Review is based
on the administrative record established, but the review authority has discretion to consider
newly discovered or previously unavailable evidence. Aliens cannot file motions to reconsider
or reopen initial decisions and can file one motion to reopen or reconsider appellate decisions.

Self-initiated Removal and Notice Preserving Judicial Review: An alien who receives the denial
of an administrative appeal may request to be placed in removal proceedings. The request will
serve as notice preserving judicial review of the denial. If that alien is already in removal,
deportation, or exclusion proceedings that are not administratively final, the alien may file a
notice to preserve judicial review. Or if that alien is already subject to an administratively final
order, the alien may file also file a notice to preserve judicial review. All requests and notices
must be within 60 days of the date of service of the administrative appellate decision.

Judicial Review: If an alien’s administrative appellate review is denied, the alien can seek
judicial review in federal district court where he or she resides. Judicial review can be available
in conjunction with judicial review of an order of removal, deportation, or exclusion. Review is
based on the administrative record, but the court may remand the case to the Secretary for
consideration of additional evidence. The district courts have jurisdiction over causes or claims
arising from a pattern or practice of the Secretary of Homeland Security. With respect to those
claims, the courts may order appropriate relief without regard to non-constitutionally-mandated

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standing requirements. Aliens seeking judicial review may not be removed until a final decision
establishing ineligibility is rendered. There is no judicial review for late filings.

Challenges to Title V: Any claim that this Title or any regulation, guideline, directive, or
procedure issued to implement this Title violates U.S. law will be heard in the D.C. District
Court. No such actions may be filed after the period of receipt for applications in 501(c)(1) or on
behalf of an alien who did not file a timely LPI status application. Any action must be filed
within one year after the date of publication or promulgation of the challenged regulation, policy
or directive or within one year of enactment (if challenging the Act’s validity). Any class actions
filed must conform with the Class Action Fairness Act of 2005, and any alien who did not timely
file for LPI status may not be a class member. Plaintiffs are not required to exhaust
administrative remedies prior to filing.

Section 504. Confidentiality of Information

Except as otherwise provided in this Act, no Federal agency or bureau, or any officer or
employee of such agency or bureau, may, without the written consent of the applicant 1) use the
information furnished by the applicant pursuant to an application filed under section 501 or 502
of this title, for any purpose, other than to make a determination on the application, including
revocation of an application previously approved; 2) make any publication through which the
information furnished by any particular applicant can be identified; or 3) permit anyone other
than the sworn officers, employees or contractors of such agency or bureau, to examine
individual applications that have been filed. The Secretary of Homeland Security shall provide
the information furnished pursuant to an application filed under this title, and any other
information derived from such furnished information, to: 1) a federal, state, tribal, or local law
enforcement agency, intelligence agency, national security agency, component of the
Department of Homeland Security, court, or grand jury in connection with a criminal
investigation or prosecution, a background check conducted pursuant to the Brady Handgun
Violence Protection Act, or for homeland security or national security purposes, in each instance
about an individual, when such information is requested by such entity or consistent with an
information sharing agreement or mechanism; or 2) an official coroner for purposes of
affirmatively identifying a deceased individual, whether or not the death of such individual
resulted from a crime.

Information concerning whether the applicant has engaged in fraud in the application for Lawful
Prospective Immigrant status or for adjustment of status from Lawful Prospective Immigrant
status or at any time committed a crime may be used or released for immigration enforcement,
law enforcement, or national security purposes. The Secretary may audit and evaluate
information furnished as part of any application filed under section 501 or 502 of this title for
purposes of identifying fraud or fraud schemes, and may use any evidence of fraud detected by
means of audits, evaluations, or other means for purposes of investigating, prosecuting or
referring for prosecution, denying, or terminating immigration benefits. The Federal Bureau of
Investigation may disclose information derived from biometric and biographic checks of the

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applicant to assist in the apprehension of a person who is the subject of a warrant of arrest, or to
notify intelligence agencies of the location of a known or suspected terrorist. Whoever willfully
uses, publishes, or permits information to be disclosed in violation of this section shall be subject
to appropriate disciplinary action and subject to a civil monetary penalty of not more than
$5,000. The Secretary or the Secretary’s designee shall convene an interagency committee to
address issues relating to the identification, prevention, investigation, and prosecution of fraud
and related conduct in connection with this program.

Section 505. Aliens Not Subject to Direct Numerical Limitations

This section states that aliens who adjust their status from Lawful Prospective Immigrant status
are not subject to direct numerical limitations.

Section 506. Employer Protections

This section states that any employment information submitted by an alien or the alien’s
employer in support of a Lawful Prospective Immigrant status application will not be used in a
prosecution or investigation of the employer under INA Section 274A or U.S. tax laws for any
prior unlawful employment of the alien.

Section 507. Assignment of Social Security Number

This section authorizes the Social Security Administration Commissioner to assign Social
Security numbers to aliens with Lawful Prospective Immigrant status.

Subtitle B. Implementation

Section 508. Rulemaking

This section requires the DHS Secretary and Attorney General to issue interim final regulations
to implement this title within nine months of this Act’s enactment. Decisions by the Secretary
will not be considered major federal actions subject to review under the National Environmental
Policy Act of 1969.

Section 509. Exemption from Government Contracting and Hiring Rules

This section exempt DHS from certain government contracting and hiring rules in implementing
this title.

Section 510. Authorization to Acquire Leaseholds

This section authorizes the DHS Secretary to acquire a leasehold interest in real property and to
construct or modify facilities on the leased property if necessary for the implementation of this
Title.

Section 511. Privacy and Civil Liberties

Under this section, the DHS Secretary will implement safeguards to protect the security of
personally identifiable information collected pursuant to Section 501 and 502. The Secretary

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will also conduct a privacy impact assessment and civil liberties impact assessment of the
legalization program established in Sections 501 and 502.

Section 512. Statutory Construction

Except as provided otherwise, nothing in this title creates any substantive or procedural right that
is legally enforceable by any party against the U.S., its agencies, or its officers.

Subtitle C. Miscellaneous

Section 513. Correction of Social Security Records

Aliens with Lawful Prospective Immigrant status and aliens who adjusted their status from
Lawful Prospective Immigrant status will not be penalized for providing false information to the
Social Security Commissioner or for causing unauthorized benefit payments if such actions took
place before the submission of a Lawful Prospective Immigrant status application.

Section 514. Fraud Prevention Program

The head of each department that administers a program related to this title or that has authority
to confer an immigration benefit, relief, or status under immigration law will develop a program
to prevent fraud within its program. Each program will provide for fraud prevention training,
regular audits of applications, investigation referrals for cases suspected of fraud, the
identification of deficiencies in practices that encourage fraud, and the remedy of any identified
deficiencies.

Section 515. Data Collection Requirements

Under this section, the head of each department shall also ensure that general demographic data
provided by applicants under Title V will be made available in the aggregate on a searchable
public database. General demographic data includes gender, country of origin, age, education,
annual earnings, employment, state of residence, marital status, date of arrival in the United
States, method of entry into the United States, number and ages of children, and birthplace of
children. Data collected shall not be recorded in such a way that it violates confidentiality
provisions under this Title.

Subtitle D. DREAM Act

Section 520. Short Title

This Subtitle may be cited as the “Development, Relief, and Education for Alien Minors Act of
2009” or the “DREAM Act of 2010.”

Section 521. Definitions

Section 522. Restoration of State Option to Determine Residency for Purposes of Higher
Education Benefits

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This section repeals Section 505 of the Illegal Immigration Reform and Immigrant
Responsibility Act to allow states to determine their own residency requirements for high
education benefits. Section 505 discourages states from providing in-state tuition or other higher
education benefits without regard to immigration status.

Section 523. Cancellation of Removal and Adjustment of Status of Certain Long-Term

Residents Who Entered the United States as Children
This section permits DHS to cancel removal of and grant lawful permanent resident status to
aliens with good moral character who came to the U.S. at age 15 or younger at least five years
before the date of the bill’s enactment and are younger than 35 years old. Individuals cannot
qualify for this relief if they have committed crimes, are a security risk, or are inadmissible or
removable on certain other grounds. Individuals are eligible to qualify if they have been
accepted to college, received a high school diploma, or received a G.E.D.

Section 524. Conditional Permanent Resident Status

Eligible individuals first apply for conditional permanent resident status, which is similar to
lawful permanent resident status except that it is awarded for a limited duration—six years under
normal circumstances—instead of indefinitely. Individuals may lose this status if they no longer
meet the requirements, become public charges, or received a dishonorable or other than
honorable discharge from the uniformed services. At the end of the conditional period,
unrestricted lawful permanent resident status would be granted if, during the conditional period,
the immigrant has maintained good moral character, avoided lengthy trips abroad, and met at
least one of the following criteria: (1) graduated from a two-year college or certain vocational
colleges, or studied for at least two years toward a B.A. or higher degree, or (2) served in the
U.S. armed forces for at least two years. The six-year time period for meeting these requirements
would be extendable upon a showing of good cause, and the U.S. Department of Homeland
Security would be empowered to waive the requirements altogether if compelling reasons, such
as disability, prevent their completion and if removal of the student would result in exceptional
and extremely unusual hardship to the student or to the student’s spouse, parent or child.

Section 525. Retroactive Benefits under This Subtitle

These benefits apply to individuals if they have already met the requirements before the date of
enactment of this Subtitle.

Section 526. Exclusive Jurisdiction

The DHS Secretary has exclusive jurisdiction to determine relief under this Subtitle unless the
alien is in deportation, exclusion, or removal proceedings, in which case the Attorney General
has jurisdiction. The Attorney General will stay the removal of aliens eligible for relief who are
at least 12 years old and enrolled in primary or secondary school. Those aliens are eligible to
work.

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Section 527. Penalties for False Statements in Application

Individuals can be fined, imprisoned for up to 5 years, or both for making false statements in an
application.

Section 528. Confidentiality of Information

This section guarantees that application information cannot be used to begin removal
proceedings against anyone mentioned in the application and cannot be made public. However,
information can be provided to law enforcement in connection with investigations or
prosecutions of criminal offenses or security risks, as described in INA Section 212(a)
paragraphs (2) or (3). It can also be provided to official coroners for the purpose of identifying a
deceased. Violations of this subsection are punishable by fines of up to $10,000.

Section 529. Expedited Processing of Applications; Prohibition on Fees

DREAM applications will be considered on an expedited basis.

Section 530. Higher Education Assistance

Individuals who adjust to permanent status under this Subtitle are not eligible for Pell Grants or
certain other federal financial aid grants. They would, however, be eligible for federal work
study and student loans, and states would not be restricted from providing their own financial aid
to these students.

Section 531. GAO Report

Within seven years of enactment, the U.S. Comptroller General will submit a report to Congress
on the statistics regarding aliens to whom this Subsection applies.

Subtitle E. Funding for the Department of Homeland Security

Section 540. Effective Funding

This section establishes the Department of Homeland Security Legalization Program Account,
which authorizes authorized for the Secretary of Homeland Security to implement and operate
the legalization programs described in this Title, including but not limited to -- (1) infrastructure,
staffing, and adjudication; (2) outreach; (3) grants to community and faith-based organizations;
and (4) anti-fraud programs and actions relating to such legalization programs. DHS will submit
a report on such funds to Congress.

This section also establishes the Immigration Reform Penalty Account where all of the civil
penalties collected under INA Section 274 and under this Title will be deposited. Such funds can
be used for implementing and operation Title V immigration services program. Any remaining
funds will be deposited into the Treasury general fund as repayment for funds transferred to
create the Department of Homeland Security Legalization Program Account. Any remaining
funds after reimbursing the Treasury will be divided between investigation and fraud prevention
costs, immigrant integration program costs, and immigration services and enforcement costs.

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Title VI. Immigrant Integration and Other Reforms

Subtitle A. Strengthen and United Communities with Civics Education and English Skills
This Subtitle includes Senate Bill 2998, which was sponsored by Senator Gillibrand.

Chapter 1. Expanding English Literacy, United States History, and Civics Education

Section 601. Increased Investment in English Literacy, United States History, and Civics
Education under the Adult Education and Family Literacy Act
This section begins by amending Section 203 of the Adult Education and Family Literacy Act
(20 U.S.C. 9202) to define “Integrated English Literacy, U.S. History, and Civics Education
Program” as one that helps English language learners achieve competence in English through
contextualized instruction on the rights and responsibilities of citizenship, naturalization
procedures, civil participation, and United States history and government to help such learner
acquire the skills and knowledge to be an active and informed parent, worker, and community
member.”

Section 602. Definitions of English Language Learner

This section amends the Adult Education and Family Literacy Act to rename “individuals of
limited English proficiency” as “English language learners.”

Section 603. Credits for Teachers of English Language Learners

Under this section, teachers who work with immigrants to improve their English skills would
receive tax breaks up to $750 per year for the first five years of their teaching services - and $500
thereafter for each additional year for up to 10 years. They can also deduct teacher certification
expenses required to become certified as a qualified to teach English as a second language.

Section 604. Research in Adult Education

Under this section, the national research and development center for adult literacy, established by
the Commissioner for Education Research of the National Center for Education Research
pursuant to section 131 of the Education Sciences Reform Act of 2002 (20 U.S.C. 9531)
establish, will also be devoted to the research of adult education.

Chapter 2. Supporting English Language Acquisition and Adult Education in the

Workforce

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Section 611. Credit for Employer-Provided Adult English Literacy and Basic Programs
Under this section, businesses that provide English language and financial literacy training for
their employees will receive a 20% tax credit for those expenses - up to $1,000 per employees.

Section 612. Presidential Award for Business Leadership in Promoting United States
Citizenship
This section establishes the Presidential Award for Business Leadership in Promoting United
States Citizenship, which will be awarded to companies and other organizations that make
extraordinary efforts in assisting their employees and members to learn English and increase
their understanding of United States history and civics.

Chapter 3. Building Stronger Communities

Section 621. Office of Citizenship and New Americans

Under this section, the Office of Citizenship within USCIS at DHS is renamed the “Office of
Citizenship and New Americans.” The revamped office will enhance efforts to integrate
immigrants into U.S. communities, promote instruction and training on citizenship
responsibilities, and develop better educational materials for immigrants pursuing citizenship.
The office may accept monetary and in-kind donations to support its activities. It will also
submit a biennial report on its activities to Congress.

Section 622. Grants to States

Under this section, the Office of Citizenship and New Americans will provide competitive grants
to states to form state-based New American Councils. Such councils will be comprised of local
business leaders, faith-based and community organization leaders, local elected officials,
philanthropists, and educators dedicated to providing better opportunities for immigrant
communities. Awarded grants will be between $500,000 and $5 million.

Section 623. Authorized Activities

New American Council grants must be used to develop and implement plans to introduce new
immigrants into the state, to fund subgrants to local communities, to disseminate best practices
related to English acquisition and civics education, and to convene public hearings. Grants may
also be used to address challenges of introducing new immigrants to the state, to assist state and
local agencies to improve programs related to new Americans, to review long distance learning
programs for new Americans, to coordinate with other states, and to develop preparation and
outreach materials about the naturalization process.

Section 624. Reporting and Evaluation

Each entity awarded a grant will submit an annual report on its activities and demographics
served to the Office of Citizenship and New Americans.

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Section 625. New Citizens Award Program

This section establishes a new citizens award program to recognize citizens who - (1) have made
an outstanding contribution to the United States; and (2) are naturalized during the 10-year
period ending on the date of such recognition.

Section 626. Rule of Construction

Nothing in this title shall be construed to limit the authority of the Secretary of Homeland
Security, acting through the Director of United States Citizenship and Immigration Services or
such other officials of the Department of Homeland Security as the Secretary of Homeland
Security may direct, to manage, direct, and control the activities of the Chief of the Office of
Citizenship and New Americans.

Section 627. Authorization of Appropriations

There are authorized to be appropriated to carry out this title $100,000,000 for each of the fiscal
years 2010 through 2015.

Chapter 4. Grants

Section 631. Grants to Support Public Education and Community Training

This section authorizes the Assistant Attorney General, Office of Justice Programs, to award
grants to non-profit community organizations to educate, train, and support non-profit agencies,
immigrant communities, and other interested entities regarding the provisions of this Act. Grants
will be used for providing services related to this Act and educating nonprofit organizations and
immigrant communities about the Act, including informing individuals about the following:
authorized legal services providers, the dangers associated with using unauthorized providers,
the requirements for immigrant representation accreditation, and the process for obtaining
benefits under this Act. To the extent possible, the Assistant Attorney General will ensure that
grant recipients serve geographically diverse locations and ethnically diverse populations.

Section 632. Grant Program to Assist Applicants for Naturalization

This section establishes a USCIS grant program – the Initial Entry, Adjustment, and Citizenship
Assistance Grant (IEACA) – to fund community-based organizations, including community-
based legal services organizations, to develop programs to assist eligible applicants with the
naturalization process. Grants may be used for assistance with the initial conditional
nonimmigrant application, the adjustment of status process, as well as citizenship rights,
requirements, and responsibilities. An initial grant will be awarded for no more than 3 years, but
grants can be renewed in 1-year increments. To the extent possible, the DHS Secretary will
ensure that grant recipients serve geographically diverse locations and ethnically diverse
populations. 50-80% of the funding will be awarded to programs located in the 10 states with
the highest percentage of foreign-born residents. The Secretary will also submit a report to
Congress about the grant and establish a liaison between USCIS and the community of providers
of services.

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Subtitle B. Emergency Relief for Certain Populations

Section 641. Adjustment of Status for Certain Haitian Orphans

This section incorporates Senate Bill 3411 sponsored by Senator Gillibrand (NY). It provides
lawful permanent resident status to certain Haitian orphans who were inspected and admitted
under the humanitarian parole policy following the 2010 Haitian earthquake. It does not provide
any immigration benefits for the birth parents of adopted children who obtain permanent resident
status under this section, and it does not affect annual allocation of immigrant visas.

Section 642. Adjustment of Status for Certain Liberian Nationals

This section incorporates Senate Bill 656 sponsored by Senator Reed (RI). It provides lawful
permanent resident status to Liberian nationals who have been continuously present in the U.S.
since January 1, 2009, and their spouse, child, and unmarried sons or daughters. It would impact
Liberian nationals who have received Temporary Protected Status between 1991 and 2007.
Individuals subject to a final order of deportation, removal, or exclusion will receive stays based
on the filing of an adjustment of status application, and those in proceedings who have applied
for adjustment of status will not be removed until a final determination to deny their application
has been made. Individuals with pending applications will be authorized to work and will
receive documentation of that authorization. Applicants also have the same rights to
administrative review as other applicants for adjustment of status and other individuals subject to
removal proceedings. However, they do not have a right to judicial review of a final
determination. This section does not affect annual allocation of immigrant visas.

Subtitle C. Wartime Treatment Studies

This Subtitle incorporates Senate Bill 564, sponsored by Senator Feingold (WI). It establishes a
commission to study the treatment of European Americans, including German Americans, Italian
Americans, and Jewish refugees, by the United States during World War II.

Part 1. Commission on Wartime Treatment of Europe Americans

Section 651. Findings

Section 652. Definitions

Section 653. Establishment of Commission on Wartime Treatment of European Americans

This section details the membership, policies, and procedures for the Commission. Members are
appointed by either the President, Speaker of the House, or Senate Majority Leader, and they
have lifetime appointments. They are not compensated for their service.

Section 654. Duties of the European American Commission

The Commission will provide a comprehensive report on the U.S. Government’s treatment of

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European Americans and European Latin Americans during World War III. This includes (1) a
review of all relevant U.S. laws and directives, presidential proclamations, and policies -
including registration requirements, travel and property restriction, internments, deportations,
and family policies - and their impacts on European Americans; (2) an assessment of the
underlying rationales for those policies, laws, and directives; and (3) a recommendation for
appropriate remedies. It will submit a report of its findings and recommendations to Congress
within 18 months of its first meeting.

Section 655. Powers of the European American Commission

The Commission has the authorization to hold hearings, request attendance and testimony, and
receive the cooperation of government agencies and departments.

Section 656. Administrative Provisions

The Commission can hire appropriate personnel, obtain the services of experts, consultants, and
federal government detailees, procure supplies, property, and services, and enter into contracts.

Section 657. Authorization of Appropriations

Section 658. Sunset

The Commission will terminate 60 days after submitting its report.

Part II. Commission on Wartime Treatment of Jewish Refugees

Section 661. Establishment of Commission on Wartime Treatment of Jewish Refugees

This section establishes a 7-member Commission on Wartime Treatment of Jewish Refugees.
Members are appointed by either the President, Speaker of the House, or Senate Majority
Leader, and they have lifetime appointments. They are not compensated for their service.

Section 662. Duties of the Jewish Refugee Commission

The Commission will review the U.S. Government’s refusal to allow Jewish and other refugees
fleeing persecution or genocide in Europe entry to the U.S. It will hold public hearings in the
U.S. and submit a report of its findings and recommendations within 18 months of its first
meeting.

Section 663. Powers of the Jewish Refugee Commission

The Commission has the authorization to hold hearings, request attendance and testimony, and
receive the cooperation of government agencies and departments.

Section 664. Administrative Provisions

The Commission can hire appropriate personnel, obtain the services of experts, consultants, and
federal government detailees, procure supplies, property, and services, and enter into contracts.

Section 665. Authorization of Appropriations

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Section 666. Sunset

The Commission will terminate 60 days after submitting its report.

Part III. Funding Source for the Wartime Study

Section 661. Funding Source

$1.2 million is appropriated from the funds made available for the Department of Justice by the
Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 (Public
Law 110-329).

Subtitle D. State Court Interpreter Grant Program

This Subtitle incorporates Senate Bill 1329 sponsored by Senator Kohl (WI).

Section 681. Findings

The fair administration of justice depends on all participants in court room proceedings to
understand the proceedings, regardless of their English proficiency. Only qualified court
interpreters can ensure that individuals with limited English proficiency can comprehend the
proceedings. Currently, forty states have developed, or are developing, qualified court
interpreting programs. Federal funds are necessary to assist states in developing effective court
interpreter programs.

Section 682. State Court Interpreter Program

The Administrator of the Office of Justice Programs of the Department of Justice will allocate
$500,000 for each fiscal year to establish a court interpreter technical assistance program to
assist states receiving grants under this Chapter. Grants will be used to (1) assess regional
language demands; (2) develop a court interpreter program for the State courts; (3) develop,
institute, and administer language certification examinations; (4) recruit, train, and certify
qualified court interpreters; (5) pay for salaries, transportation, and technology necessary to
implement the court interpreter program developed under paragraph (2); and (6) engage in other
related activities, as prescribed by the Attorney General. Grant applications will be submitted by
the highest State court of each state desiring a grant. $100,000 will be allocated to each state
court whose application was approved. $5 million will be distributed among the state courts
whose application was approved and who demonstrate extraordinary need. The balance of grant
funds will be allocated based on the number of individuals in the state who speak a language
other than English at home.

Section 683. Authorization of Appropriations

$15 million is appropriated for F.Y. 2010 through 2014 to carry out this Chapter.

Subtitle E. Other Matters

Section 691. Adjustment of Status for Certain Victims of Terrorism

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This Chapter incorporates Senate Bill 1736 sponsored by Senator Lautenberg (NJ). It provides
lawful permanent resident status to the spouses, children, or unmarried sons or daughters of an
alien who died as a direct result of terrorist activity conducted against the U.S. on September 11,
2001, who were deemed to be beneficiaries of the September 11th Victim Compensation Fund of
2001 and who made a proffer of information to the DHS Secretary in connection with a request
for immigration relief. Eligible aliens must apply within one year of the date of this Act’s
enactment. The DHS Secretary can authorize such aliens to be authorized to work in the U.S.

Section 692. Development of Assessment and Strategy addressing Factors Driving

Migration
The General Accounting Office will develop a baseline assessment of the primary factors driving
migration in a prioritized group of ten countries with the highest rates of irregular migration to
the United States within six months of the enactment of this Act. The report should, at a
minimum, include factors driving migration in the prioritized countries, and any current impact
of US Assistance, Trade or Foreign policy on migration trends in the prioritized countries.

The Secretary of State, working with the Administrator of the United States Agency for
International Development, shall subsequently submit to the U.S. Senate Committee on Foreign
Relations and the U.S. House Committee on Foreign Affairs, a strategy which responds to the
identified economic, social and security factors driving high rates of irregular migration from the
prioritized countries identified. The strategy should incorporate consultation with the Bureau of
Population, Refugees and Migration, the Department of Labor and the Office of the U.S. Trade
Representative.

The required strategy shall include the following:

(A) A summary and evaluation of current assistance provided by the U. S. Government to

countries with the highest rates of irregular migration to the United States. Each country
report should, at a minimum, identify regions and municipalities experiencing the highest
emigration rates and the current level of U.S. aid or investment in these areas.

(B) Recommendations for future U.S. Government assistance and technical support to address
key economic, social and development factors identified in the prioritized migration source
countries. Such assistance should be designed to ensure appropriate engagement of national
and local governments and civil society organizations.

Section 682. Sense of Congress on Increased United States Foreign Policy Coherency in the
Western Hemisphere
It is the sense of Congress that the Secretary of State should review the United States Foreign
Policy toward Latin America in order to strengthen hemispheric security through the reduction of
poverty and inequality, expansion of equitable trade, support for democratic institutions, citizen

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security and the rule of law, as essential elements in consolidation of a well-managed regional
migration policy.

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